(a) AnyA person who by threats, menaces, acts or otherwise
forcibly or illegally hinders or obstructs or attempts to hinder or
obstruct anya law-enforcement officer, probation officer or parole
officer acting in his or her official capacity is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than $50 nor more than $500 or confined in jail not more than one
year, or both fined and confined.

(b) AnyA person who intentionally disarms or attempts to
disarm anya law-enforcement officer, correctional officer,
probation officer or parole officer, acting in his or her official
capacity, is guilty of a felony and, upon conviction thereof, shall
be imprisoned in a state correctional facility not less than one
nor more than five years.

(c) AnyA person who, with intent to impede or obstruct a
law-enforcement officer in the conduct of an investigation of a
felony offense, knowingly and willfully makes a materially false
statement, is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than $25 and notnor more than $200, or
confined in jail for five days, or both fined and confined.
However, The provisions of this section do not apply to statements
made by a spouse, parent, stepparent, grandparent, sibling, half
sibling, child, stepchild or grandchild, whether related by blood
or marriage, of the person under investigation. Statements made by
the person under investigation may not be used as the basis for
prosecution under this subsection. For the purposes of this
subsection, “law-enforcement officer” does not include a watchman,
a member of the West Virginia State Police or college security
personnel who is not a certified law-enforcement officer.

(d) AnyA person who intentionally flees or attempts to flee
by any means other than the use of a vehicle from anya
law-enforcement officer, probation officer or parole officer acting
in his or her official capacity who is attempting to make a lawful
arrest of the person, and who knows or reasonably believes that the
officer is attempting to arrest him or her, is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than $50 nor more than $500 or confined in jail not more than one
year, or both.

(e) AnyA person who intentionally flees or attempts to flee
in a vehicle from anya law-enforcement officer, probation officer
or parole officer acting in his or her official capacity after the
officer has given a clear visual or audible signal directing the
person to stop is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than $500 nor more than $1,000 and
shall be confined in a regional jail not more than one year.

(f) AnyA person who intentionally flees or attempts to flee
in a vehicle from anya law-enforcement officer, probation officer
or parole officer acting in his or her official capacity after the
officer has given a clear visual or audible signal directing the
person to stop, and who operates the vehicle in a manner showing a
reckless indifference to the safety of others, is guilty of a
felony and, upon conviction thereof, shall be fined not less than
$1,000 nor more than $2,000 and shall be imprisoned in a state
correctional facility not less than one nor more than five years.

(g) AnyA person who intentionally flees or attempts to flee
in a vehicle from anya law-enforcement officer, probation officer
or parole officer acting in his or her official capacity after the
officer has given a clear visual or audible signal directing the
person to stop, and who causes damage to the real or personal
property of anya person during or resulting from his or her
flight, is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than $1,000 nor more than $3,000 and shall
be confined in the county or regional jail for not less than six
months nor more than one year.

(h) AnyA person who intentionally flees or attempts to flee
in a vehicle from anya law-enforcement officer, probation officer
or parole officer acting in his or her official capacity after the
officer has given a clear visual or audible signal directing the
person to stop, and who causes bodily injury to anya person during
or resulting from his or her flight, is guilty of a felony and,
upon conviction thereof, shall be imprisoned in a state
correctional facility not less than three nor more than ten years.

(i) AnyA person who intentionally flees or attempts to flee
in a vehicle from anya law-enforcement officer, probation officer
or parole officer acting in his or her official capacity after the
officer has given a clear visual or audible signal directing the
person to stop, and who causes death to anya person during or
resulting from his or her flight, is guilty of a felony and, upon
conviction thereof, shall be punished by a definite term ofimprisonmentimprisoned in a state correctional facility which isfor not less than five nor more than fifteen years. A person
imprisoned pursuant to the provisions of this subsection is not
eligible for parole prior to having served a minimum of three years
of his or her sentence or the minimum period required by the
provisions of section thirteen, article twelve, chapter sixty-two
of this code, whichever is greater.

(j) AnyA person who intentionally flees or attempts to flee
in a vehicle from anya law-enforcement officer, probation officer
or parole officer acting in his or her official capacity after the
officer has given a clear visual or audible signal directing the
person to stop, and who is under the influence of alcohol,
controlled substances or drugs, at the time, is guilty of a felony
and, upon conviction thereof, shall be imprisoned in a state
correctional facility not less than three nor more than ten years.

(k) For purposes of this section, the term “vehicle” includes
any motor vehicle, motorcycle, motorboat, all-terrain vehicle or
snowmobile as those terms are defined in section one, article one,
chapter seventeen-a of this code, whether or not it is being
operated on a public highway at the time and whether or not it is
licensed by the state.

(l) For purposes of this section, the terms “flee”, “fleeing”
and “flight” do not include anya person’s reasonable attempt to
travel to a safe place, allowing the pursuing law-enforcement
officer to maintain appropriate surveillance, for the purpose of
complying with the officer’s direction to stop.

(m) The revisions to subsections (e), (f), (g) and (h) of this
section enacted during the regular session of the 2010 regular
legislative session shall be known as the Jerry Alan Jones Act.

(n) (1) No person, with the intent to purposefully deprive
another person of emergency services, may interfere with or prevent
another person from making an emergency communication, which a
reasonable person would consider necessary under the circumstances,
to law-enforcement, fire or emergency medical service personnel.

(2) For the purpose of this subsection, the term “interfere
with or prevent” includes, but is not limited to, seizing,
concealing, obstructing access to or disabling or disconnecting a
telephone, telephone line or equipment or other communication
device.

(3) For the purpose of this subsection, the term “emergency
communication” means communication to transmit warnings or other
information pertaining to a crime, fire, accident, power outage,
disaster or risk of injury or damage to a person or property.

(4) A person who violates this subsection is guilty of a
misdemeanor and, upon conviction thereof, shall be confined in jail
for a period of not less than one day nor more than one year and
shall be fined not less than $250 nor more than $2,000, or both.

(5) A person who is convicted of a second offense under this
subsection is guilty of a misdemeanor and, upon conviction thereof,
shall be confined in jail for not less than three months nor more
than one year and fined not less than $500 nor more than $3,000, or
both.

(6) A person who is convicted of a third or subsequent offense
under this subsection is guilty of a misdemeanor and, upon
conviction thereof, shall be confined in jail not less than six
months nor more than one year and fined not less than $500 nor more
than $4,000, or both.

(7) In determining the number of prior convictions for
purposes of imposing punishment under this subsection, the court
shall disregard all such prior convictions occurring more than ten
years prior to the offense in question.

On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the bill.

Engrossed Committee Substitute for Senate Bill No. 90, as
amended by the House of Delegates, was then put upon its passage.

So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 90) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.

A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to

Eng. Senate Bill No. 314, Appropriating hotel occupancy tax
proceeds to counties with no more than one hospital.

On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.

The following House of Delegates amendments to the bill were
reported by the Clerk:

On page eight, section fourteen, lines one hundred thirty-five
and one hundred thirty-six, by striking out the words “census of
the year 1990” and inserting in lieu thereof the words “most recent
decennial census taken under the authority of the United States”;

And,

By striking out the title and substituting therefor a new
title, to read as follows:

Eng. Senate Bill No. 314--A Bill to amend and reenact §7-18-14
of the Code of West Virginia, 1931, as amended, relating to
proceeds of the hotel occupancy tax; allowing expenditure of the
proceeds for medical care and emergency services in certain
counties with no more than one hospital; and measuring county
populations according to most recent decennial census for these
purposes.

On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.

Engrossed Senate Bill No. 314, as amended by the House of
Delegates, was then put upon its passage.

A message from The Clerk of the House of Delegates announced
the passage by that body, without amendment, to take effect from
passage, and requested the concurrence of the Senate in the changed
effective date, of

So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 328) takes effect from passage.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.

A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendments, as to

On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.

The following House of Delegates amendments to the bill were
reported by the Clerk:

On page five, section sixteen, lines fifty-eight through
seventy-three, by striking out all of subdivision (1) and inserting
in lieu thereof a new subdivision, designated subdivision (1), to
read as follows:

(1) Notwithstanding any other provision of this code to the
contrary, after June 30, 2014, taxpayers whose average monthly
payment of the taxes levied by this article and article fifteen-a
of this chapter during the previous calendar year exceeds $100,000,
shall remit the tax attributable to the first fifteen days of June
each year by June 20.;

And,

On pages twelve and thirteen, section seventy-four, lines
ninety-five through one hundred twelve, by striking out all of
subdivision (1) and inserting in lieu thereof a new subdivision,
designated subdivision (1), to read as follows:

(1) Notwithstanding the provisions of subsections (a) and (b)
of this section, after June 30, 2014, every employer required to
deduct and withhold tax whose average payment per calendar month
for the preceding calendar year under subsection (b) of this
section exceeded $100,000 shall remit the tax attributable to the
first fifteen days of June each year by June 23.

On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.

Engrossed Senate Bill No. 331, as amended by the House of
Delegates, was then put upon its passage.

So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 331) takes effect from passage.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.

A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendment, as to

On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.

The following House of Delegates amendment to the bill was
reported by the Clerk:

On page seven, section five-a, line ninety-five, after the
word “successor” by changing the period to a colon and inserting
the following proviso: Provided, however, That if the judge denies
the request, the reasons for the denial must be in writing and be
shared with all parties in the case and the person making the
request within thirty days after filing the motion.

On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the bill.

Engrossed Committee Substitute for Senate Bill No. 405, as
amended by the House of Delegates, was then put upon its passage.

A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, of

Eng. Com. Sub. for House Bill No. 4151, Relating to military
members and their spouses who obtain licensure through professional
boards.

A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, with its Senate amended title, of

Eng. House Bill No. 4301, Allowing limited reciprocal use of
hunting and fishing licenses with the Commonwealth of Kentucky.

A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, with its Senate amended title, of

Eng. Com. Sub. for House Bill No. 4384, Requiring teachers of
students with exceptional needs to either be present at an
individualized education program meeting or to read and sign a copy
of the individualized education program plan.

A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, with its Senate amended title, of

Eng. House Bill No. 4437, Relating to the Division of Juvenile
Services.

A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amenmdent to, and the
passage as amended, of

Senator Cookman, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:

Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 5th day of March, 2014, presented to His
Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:

(H. B. No. 4359), Relating to licensure of managing general
agents of insurers.

And,

(H. B. No. 4372), Permitting the Commissioner of Financial
Institutions to require the filing of certain reports, data or
information directly with the Division of Financial Institutions.

Respectfully submitted,

Donald H. Cookman,

Chair, Senate Committee.

Danny Wells,

Chair, House Committee.

Senator Beach, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:

Your Committee on Transportation and Infrastructure has had
under consideration

Com. Sub. for Senate Concurrent Resolution No. 50 (originating
in the Committee on Transportation and Infrastructure)--Requesting
the Division of Highways to name that stretch of road on State
Route 20 known as the Hinton Bypass between Beech Run Road and
Temple Street in Hinton, Summers County, the “USMC Sgt. Mecot E.
Camara Memorial Highway”.

Whereas, Mecot Eugene Camara was born in Hinton, West
Virginia, on December 28, 1960, to Billie Jean Hoskins Camara, of
American ancestry, and Prudencio Camara, of Philippine ancestry.
He was raised and educated in Hinton where he met his high school
sweetheart, Tammy Ratliff. They eventually married on May 5, 1981.
They had a son, Mecot Echo Camara, born on March 29, 1982; and

Whereas, Sgt. Mecot E. Camara enlisted in the U. S. Marine
Corps to serve the country he loved in 1981. He commenced basic
training at Parris Island, South Carolina, on January 21, 1981,
completing his training on April 4, 1981. This proud and
passionate American then served his country for two years,
sacrificing his life after going into Beirut in 1983 as a member of
the International Peacekeeping Force in May, 1983. Sgt. Mecot E.
Camara lost his life in October, 1983, during a terrorist suicide
bombing. He received awards and service recognition including
Meritorious Mast, Purple Heart, Combat Action Ribbon, Navy and
Marine Corps Achievement Medal, Navy Unit Commendation, Marine
Corps Expeditionary Medal and Sea Service Deployment Ribbon.
However, his greatest military achievement was that of being a
distinguished U. S. Marine Corps sergeant; and

Whereas, Sgt. Mecot E. Camara was survived by two beautiful
sisters and one son, Threase Camara Riggs, Elisa M. Camara and
Mecot Echo Camara. The Camara family continues to share the legacy
of their beloved Sgt. Camara to inspire West Virginians and
Americans that they can be heroes even from small towns and serve
and be proud of America, Land of the Free, while also protecting
innocent lives around the world; and

Whereas, Sgt. Mecot E. Camara made the ultimate sacrifice for
his country and in doing so represented West Virginia and his
country with the highest levels of honor and courage and his
sacrifice should not go unnoticed, and naming that stretch of road
on State Route 20 known as the Hinton Bypass between Beech Run Road
and Temple Street in Hinton, Summers County, the “USMC Sgt. Mecot
E. Camara Memorial Highway” is an appropriate recognition of his
patriotism, love of liberty and ultimate sacrifice for state and
country; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name that
stretch of road on State Route 20 known as the Hinton Bypass
between Beech Run Road and Temple Street in Hinton, Summers County,
the “USMC Sgt. Mecot E. Camara Memorial Highway”; and, be it

Further Resolved, That the Commissioner of the Division of
Highways is hereby requested to create signs at both ends of the
highway, proclaiming this roadway to be the “USMC Sgt. Mecot Camara
Memorial Road Highway”; and, be it

Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Commissioner
of the Division of Highways, the Summers County commission and to
Sgt. Mecot's sisters, Threase Camara Riggs and Elisa M. Camara, and
his son, Mecot Camara.

Com. Sub. for Senate Concurrent Resolution No. 52 (originating
in the Committee on Transportation and Infrastructure)--Requesting
the Division of Highways to place signage along highways entering
West Virginia honoring fallen veterans and Gold Star Families.

Whereas, More than ten thousand men and women from West
Virginia have died during twentieth and twenty-first century
military actions, either in combat or during the official period of
conflict and prior to discharge from the military. The ultimate
sacrifices made by these men and women for their country and West
Virginia represent the highest levels of honor and courage and
should not go unnoticed; and

Whereas, Gold Star Families are those families who have family
members who died or were killed serving in the armed forces. They
are the families of fallen military heroes, whether they gave their
lives in Iraq, Afghanistan, Vietnam, Korea, WWII or another
conflict; and

Whereas, Rather than attempt to acknowledge individually each
of these fallen warriors and patriots by finding a bridge or
stretch of road or highway to be named for the individual veterans,
it would be a more worthy form of recognition, homage and honor to
these heroes and heroines and the Gold Star Families if signage
were erected at the highways that enter West Virginia; and

Whereas, One sign each should be placed at the ten most
visible and most traveled highways entering West Virginia;
therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to place
signage along highways entering West Virginia honoring fallen
veterans and Gold Star Families; and, be it

Further Resolved, That the Commissioner of the Division of
Highways is hereby requested to create and erect signs upon the ten
most heavily traveled highways entering the State of West Virginia
on which a “Welcome to West Virginia” sign is posted near a border
crossing. To the extent permissible by signage rules and
regulations, each sign should read “West Virginia is proud to honor
its fallen Veterans and Gold Star Families” and have affixed to it
a gold star symbol similar to the design of the lapel pin approved
under 10 U. S. C. §1126; and, be it

Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Commissioner
of the Division of Highways.

Com. Sub. for Senate Concurrent Resolution No. 59 (originating
in the Committee on Transportation and Infrastructure)--Requesting
the Division of Highways to name bridge number 17-79-117.174, on
Interstate 79, in Anmoore, Harrison County, West Virginia, heading
south, the “U. S. Army PFC Nick A. Cavallaro Memorial Bridge”, and
heading north, the “U. S. Army SSGT Benjamin T. Portaro Memorial
Bridge”.

Whereas, Nick Cavallaro was born in Caulonia, Reggio Calabria,
Italy, October 28, 1920, and came to the United States in August,
1922, with his brother Celestino (Charley) and mother Maria Rosa
Strangio Cavallaro and settled in Anmoore, West Virginia; and

Whereas, Benjamin Portaro was born in Caulonia, Reggio
Calabria, Italy, March 8, 1921, and immigrated to Anmoore, West
Virginia, with his family; and

Whereas, When World War II broke out, Nick Cavallaro and
Benjamin Portaro both enlisted in the United States Army; and

Whereas, Nick Cavallaro participated in battles in North
Africa and Sicily, Italy, and was one of the thousands of
paratroopers dropped behind German lines the night before the
invasion of Normandy, France; and

Whereas, Nick Cavallaro was scheduled to come home on leave
when the Battle of the Bulge broke out and his leave was canceled;
and

Whereas, Sadly, Nick Cavallaro lost his life in battle at
Fosse, Belgium, on January 3, 1945, leaving behind his mother,
brother, sister Louise and a host of other family and friends; and

Whereas, Nick Cavallaro was awarded two Purple Heart Medals,
the Bronze Star Medal and the Combat Infantryman Badge, as well as
various medals by the French and Belgian governments; and

Whereas, Benjamin Portaro was a staff sergeant when he was
discharged, having fought in two battles in France before fighting
at the Battle of the Bulge in Belgium, where he was captured by
German forces and eventually escaped; and

Whereas, Nick Cavallaro and Benjamin Portaro were Italian
immigrants, cousins and citizens of Anmoore, West Virginia, and
fought for their adopted country of the United States of America;
and

Whereas, It is fitting to recognize the service and sacrifice
of cousins Nick Cavallaro and Benjamin Portaro by naming this
bridge in their honor as an everlasting tribute to their memory;
therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name
bridge number 17-79-117.174, on Interstate 79, in Anmoore, Harrison
County, West Virginia, heading south, the “U. S. Army PFC Nick A.
Cavallaro Memorial Bridge”, and heading north, the “U. S. Army SSGT
Benjamin T. Portaro Memorial Bridge”; and, be it

Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the bridge,
heading south, as the “U. S. Army PFC Nick A. Cavallaro Memorial
Bridge”, and heading north, the “U. S. Army SSGT Benjamin T.
Portaro Memorial Bridge”; and, be it

Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Commissioner
of the Division of Highways.

With the recommendation that the three committee substitutes
be adopted.

Respectfully submitted,

Robert D. Beach,

Chair.

At the request of Senator Beach, unanimous consent being
granted, the resolutions (Com. Sub. for S. C. R. Nos. 50, 52 and
59) contained in the preceding report from the Committee on
Transportation and Infrastructure were taken up for immediate
consideration and considered simultaneously.

The question being on the adoption of the resolutions, the
same was put and prevailed.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

Senator Beach, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:

Your Committee on Transportation and Infrastructure has had
under consideration

And reports the same back with the recommendation that they
each be adopted.

Respectfully submitted,

Robert D. Beach,

Chair.

At the request of Senator Beach, unanimous consent being
granted, the resolutions (S. C. R. Nos. 54, 55 and 60 and Com. Sub.
for H. C. R. Nos. 79 and 82) contained in the preceding report from
the Committee on Transportation and Infrastructure were taken up
for immediate consideration and considered simultaneously.

The question being on the adoption of the resolutions, the
same was put and prevailed.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

Senator Yost, from the Committee on Labor, submitted the
following report, which was received:

Your Committee on Labor has had under consideration

Eng. Com. Sub. for House Bill No. 3156, Granting a labor
organization a privilege from being compelled to disclose any
communication or information the labor organization or agent
received or acquired in confidence from an employee.

And has amended same.

And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.

Respectfully submitted,

Jack Yost,

Chair.

At the request of Senator Yost, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 3156) contained in
the preceding report from the Committee on Labor was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on the Judiciary, with amendments
from the Committee on Labor pending.

Senator Beach, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:

Your Committee on Transportation and Infrastructure has had
under consideration

And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.

Respectfully submitted,

Robert D. Beach,

Chair.

At the request of Senator Palumbo, as chair of the Committee
on the Judiciary, unanimous consent was granted to dispense with
the second committee reference of the bill contained in the
foregoing report from the Committee on Transportation and
Infrastructure.

At the request of Senator Beach, and by unanimous consent, the
bill (Eng. Com. Sub. for H. B. No. 4156) was taken up for immediate
consideration, read a first time and ordered to second reading.

Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:

And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.

Respectfully submitted,

Herb Snyder,

Chair.

At the request of Senator Palumbo, as chair of the Committee
on the Judiciary, unanimous consent was granted to dispense with
the second committee reference of the bill contained in the
foregoing report from the Committee on Government Organization.

At the request of Senator Snyder, and by unanimous consent,
the bill (Eng. Com. Sub. for H. B. No. 4411) was taken up for
immediate consideration, read a first time and ordered to second
reading.

Senator Beach, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:

Your Committee on Transportation and Infrastructure has had
under consideration

Senate Resolution No. 48--Recognizing the sister-state
relationship of West Virginia with the Republic of China (Taiwan)
on the occasion of its thirty-fourth anniversary.

Whereas, August 4, 2014, will mark the thirty-fourth
anniversary of a sister-state relationship between West Virginia
and Taiwan; and

Whereas, For the past thirty-three years, the sister-state
relationship with Taiwan has been strengthened through the efforts
of the Taipei Economic and Cultural Representative Office resulting
in better mutual understanding; and

Whereas, In the year 2014, the West Virginia Senate urges
support for a United States-Taiwan bilateral investment agreement
and strongly encourages Taiwan’s participation in the Trans-Pacific
Partnership as soon as possible; and

Whereas, The dedication of our partners from Taiwan to
achieving positive outcomes in investment, information,
communication technology services and other areas is a testament to
Taiwan’s economic opening and deepening ties with regional and
global partners; and

Whereas, The Republic of China (Taiwan), with a population of
twenty-three million, has endeavored to improve cross-Strait
relations since President Ma Ying-Jeou came to power in 2008, and
it is encouraging that eight rounds of talks have been held and
eighteen agreements have been signed between Taiwan and mainland
China since then; and

Whereas, The cross-Strait Economic Cooperation Framework
Agreement (ECFA), signed on June 29, 2010, can serve as an
effective platform for cross-Strait interactions and contribute to
normalization of trade and economic relations between Taiwan and
mainland China; and

Whereas, Taiwan’s absence from the international organizations
dealing with climate change like the United Nations Framework
Convention on Climate Change has impeded Taiwan’s ability to
respond to natural disasters like Typhoon Morakot, which struck
Taiwan in the summer of 2009; and

Whereas, The Taoyuan International Airport is a key air
transport hub in the Asia-Pacific region, ranked the world’s
fifteenth largest by cargo volume in 2012, and four hundred sixteen
Americans traveled to Taiwan for business and leisure during 2012.
Consolidating aviation safety and regulation in Taiwan is also a
priority for Americans’ safety and best interests; given Taiwan’s
prominent role in regional air control and transport services like
meaningful participation in the International Civil Aviation
Organization (ICAO), it would be beneficial for Taiwan to safeguard
the traveling of passengers from home and abroad; therefore, be it

Resolved by the Senate:

That the Senate hereby recognizes the sister-state
relationship of West Virginia with the Republic of China (Taiwan)
on the occasion of its thirty-fourth anniversary; and, be it

Further Resolved, That the Senate affirms its support for West
Virginia’s sister-state relationship with Taiwan; and, be it

Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate representatives from
the Republic of China (Taiwan).

At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.

On motion of Senator Unger, the Senate recessed for one
minute.

Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.

Senate Resolution No. 49--Recognizing the Marshall University
Forensic Science Center DNA Laboratory and its achievements as a
key component in the criminal justice system supporting West
Virginia and the nation.

Whereas, The Marshall University Forensic Science Center DNA
Laboratory is one of the nation’s only university-based and
accredited forensic DNA testing laboratories; and

Whereas, The Marshall University Forensic Science Center DNA
Laboratory serves as the data, record and sample archive for the
convicted offenders database in West Virginia; and

Whereas, The Marshall University Forensic Science Center DNA
Laboratory has assisted in crime laboratories with DNA testing and
analysis of sexual assault kits and property crime evidence in West
Virginia and other jurisdictions throughout the nation; and

Whereas, The Marshall University Forensic Science Center DNA
Laboratory has provided relationship testing in support of human
identification for the West Virginia Office of the Chief Medical
Examiner and other states; and

Whereas, The Marshall University Forensic Science Center DNA
Laboratory has provided the infrastructure necessary for the West
Virginia State Police Digital Forensic Unit to investigate
computer-based crimes within the state; and

Whereas, The Marshall University Forensic Science Center DNA
Laboratory has served as a training center for members of crime
laboratories, law enforcement and sexual assault nurse examiners
across the nation; therefore, be it

Resolved by the Senate:

That the Senate hereby recognizes the Marshall University
Forensic Science Center DNA Laboratory and its achievements as a
key component in the criminal justice system supporting West
Virginia and the nation; and, be it

Further Resolved, That the Senate strongly encourages the
Marshall University Forensic Science Center DNA Laboratory, current
and future, to continue existing partnerships and cultivate new
partnerships with state and local law-enforcement agencies, and to
engage in activities that promote and enhance the West Virginia
criminal justice system; and, be it

Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Marshall University Forensic
Science Center DNA Laboratory.

At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.

Petitions

Senator Barnes presented a petition from Derrick Young and one
hundred seventy-six West Virginia residents, opposing Senate Bill
No. 534 (Increasing excise tax on cigarettes and other tobacco
products).

Referred to the Committee on Finance.

The Senate proceeded to the seventh order of business.

Senate Resolution No. 43, Memorializing life and public
service of James Howard "Buck" Harless.

On unfinished business, coming up in regular order, was
reported by the Clerk.

At the request of Senator Chafin, unanimous consent being
granted, the resolution was laid over one day, retaining its place
on the calendar.

So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4304) passed.

The following amendment to the title of the bill, from the
Committee on the Judiciary was reported by the Clerk and adopted.

Eng. Com. Sub. for House Bill No. 4304--A Bill to amend and
reenact §17C-7-3 of the Code of West Virginia, 1931, as amended;
and to amend and reenact §17C-11-5 and §17C-11-7 of said code, all
relating to use of a bicycle on a roadway; setting standards for
overtaking a bicycle on a roadway; creating a misdemeanor offense
for failure to follow requirements for overtaking a bicycle on a
roadway; requiring bicycles to generally ride in bicycle lanes or
as close as practicable to the right edge of the roadway; providing
exceptions to the requirement that bicycles ride in bicycle lanes
or as close as practicable to the right edge of the roadway;
removing requirement to ride a bicycle on an adjacent path; and
allowing a person to operate a bicycle without a bell or other
device capable of giving an audible signal.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

Eng. House Bill No. 4365, Relating to employer remittance and
reporting of Teachers Retirement System member contributions to the
retirement board.

On third reading, coming up in regular order, was read a third
time and put upon its passage.

So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4618) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

The Senate proceeded to the ninth order of business.

Com. Sub. for Senate Bill No. 306, Budget Bill.

On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.

Eng. Com. Sub. for House Bill No. 4012, Relating to the
Revised Uniform Law on Notarial Acts.

On second reading, coming up in regular order, was read a
second time.

The following amendment to the bill, from the Committee on
Interstate Cooperation, was reported by the Clerk and adopted:

By striking out everything after the enacting section and
inserting in lieu thereof the following:

CHAPTER 39. RECORDS AND PAPERS.

ARTICLE 1. AUTHENTICATION AND RECORD OF WRITINGS.

§39-1-4. Form of certificate of acknowledgment.

The certificate of acknowledgment mentioned in the preceding
section may be in form or effect as follows:

State (territory or district) of ................., county of
.........................., to wit:

I, ........................., a commissioner, appointed by the
Governor of the State of West Virginia, for the said State (or
territory or district) of .............; or I, .............., a
justice of the peace of the county aforesaid; or I, .........,
recorder of said countymunicipality; or I, .............., a
notary public of said county; or I, ............., a prothonotary
(or clerk)clerk of the ................... court of said county;
(or other officer or person authorized to take acknowledgments by
section three of this article, as the case may be), do certify that
..........................., whose name (or names) is (or are)
signed to the writing above (or hereto annexed) bearing date on the
.......... day of ................, 1920 ........., has (or have)
this day acknowledged the same before me, in my said
.....................

Given under my hand this ....... day of .........., 1920
.......

§39-1-5. Acknowledgment by husband and wife.

When a husband and wife have signed a writing purporting to
sell or convey real estate, the wife may acknowledge the same
together with, or separately from her husband. Either the husband
or the wife may sign and acknowledge the writing before the other
has signed or acknowledged it. If both acknowledge the writing at
the same time, the certificate of the acknowledgments may be in
form or effect as follows:

State (territory or district) of .......... county of
.........., to wit:

I, .........., a commissioner appointed by the Governor of the
State of West Virginia for the said State of .........., (or
territory or district of ..........); or I, .........., a justice
of the peace of the said county of ..........; or I, .........., a
notary public of the said county of ..........; or I, ..........,
prothonotary (or clerk)clerk of the ......... court or county of
........; (or other officer or person authorized to take
acknowledgments by section three of this article, as the case may
be),* do certify .......... and .........., his or her wife whose
names are signed to the writing above (or hereto annexed) bearing
date the ..... day of .........., 1920....., have this day
acknowledged the same before me in my said ...........

Given under my hand this ......... day of ........., 1920.......

If the husband or wife acknowledge a deed or other writing
separately from the other, the certificate of acknowledgment after
the star in the foregoing form shall be in form or effect as
follows: do certify that .........., the wife of .........., (or
the husband of .........., as the case may be), whose name is
signed to the writing above (or hereto annexed) bearing date the
.......... day of .........., 1920 ....., has this day
acknowledged the same before me in my said ..........

Given under my hand this .......... day of .........., 1920
.....

ARTICLE 4. REVISED UNIFORM LAW ON NOTARIAL ACTS.

§39-4-1. Short title.

This article may be cited as the Revised Uniform Law on
Notarial Acts.

§39-4-2. Definitions.

In this article:

(1) “Acknowledgment” means a declaration by an individual
before a notarial officer that the individual has signed a record
for the purpose stated in the record and, if the record is signed
in a representative capacity, that the individual signed the record
with proper authority and signed it as the act of the individual or
entity identified in the record.

(3) “Electronic signature” means an electronic symbol, sound
or process attached to or logically associated with a record and
executed or adopted by an individual with the intent to sign the
record.

(4) “In a representative capacity” means acting as:

(A) An authorized officer, agent, partner, trustee or other
representative for a person other than an individual;

(B) A public officer, personal representative, guardian or
other representative, in the capacity stated in a record;

(C) An agent or attorney-in-fact for a principal; or

(D) An authorized representative of another in any other
capacity.

(5) “Notarial act” means an act, whether performed with
respect to a tangible or electronic record, that a notarial officer
may perform under the law of this state. The term includes taking
an acknowledgment, administering an oath or affirmation, taking a
verification on oath or affirmation, witnessing or attesting a
signature, certifying or attesting a copy, and noting a protest of
a negotiable instrument.

(6) “Notarial officer” means a notary public or other
individual authorized to perform a notarial act.

(7) “Notary public” means an individual commissioned to
perform a notarial act by the West Virginia Secretary of State.

(8) “Official stamp” means a physical image affixed to or
embossed on a tangible record or an electronic image attached to or
logically associated with an electronic record.

(10) “Record” means information that is inscribed on a
tangible medium or that is stored in an electronic or other medium
and is retrievable in perceivable form.

(11) “Sign” means, with present intent to authenticate or
adopt a record:

(A) To execute or adopt a tangible symbol; or

(B) To attach to or logically associate with the record an
electronic symbol, sound or process.

(12) “Signature” means a tangible symbol or an electronic
signature that evidences the signing of a record.

(13) “Stamping device” means:

(A) A physical device capable of affixing to or embossing on
a tangible record an official stamp; or

(B) An electronic device or process capable of attaching to or
logically associating with an electronic record an official stamp.

(14) “State” means a state of the United States, the District
of Columbia, Puerto Rico, the United States Virgin Islands or any
territory or insular possession subject to the jurisdiction of the
United States.

(15) “Verification on oath or affirmation” means a
declaration, made by an individual on oath or affirmation before a
notarial officer, that a statement in a record is true.

(a) This article applies to a notarial act performed on or
after July 1, 2014.

(b) The repeal of chapter twenty-nine-c of this code and the
repeal of articles four, chapter twenty-nine and one-a, chapter
thirty-nine of this code and the amendment and reenactment of
section two, article one, chapter fifty-nine of this code, pursuant
to the provisions of Enrolled House Bill No. 4012, as enacted by
the Legislature during the regular session, 2014, are operative on
June 30, 2014. The prior enactments of chapter twenty-nine-c;
articles four, chapter twenty-nine and one-a, chapter thirty-nine;
and section two, article one, chapter fifty-nine of this code,
whether amended and reenacted or repealed by the passage of
Enrolled House Bill No. 4012, have full force and effect until the
provisions of Enrolled House Bill No. 4012, are operative on June
30, 2014, unless after the effective date of Enrolled House Bill
No. 4012, and prior to the operative date of June 30, 2014, the
provisions of Enrolled House Bill No. 4012, are otherwise repealed
or amended and reenacted.

§39-4-4. Authority to perform notarial act.

(a) A notarial officer may perform a notarial act authorized
by this article or by law of this state other than this article.

(b) A notarial officer may not perform a notarial act with
respect to a record to which the officer or the officer’s spouse is
a party, or in which either of them has a direct beneficial
interest, financial or otherwise. A notarial act performed in
violation of this subsection is voidable.

§39-4-5. Requirements for certain notarial acts.

(a) A notarial officer who takes an acknowledgment of a record
shall determine, from personal knowledge or satisfactory evidence
of the identity of the individual, that the individual appearing
before the officer and making the acknowledgment has the identity
claimed and that the signature on the record is the signature of
the individual.

(b) A notarial officer who takes a verification of a statement
on oath or affirmation shall determine, from personal knowledge or
satisfactory evidence of the identity of the individual, that the
individual appearing before the officer and making the verification
has the identity claimed and that the signature on the statement
verified is the signature of the individual.

(c) A notarial officer who witnesses or attests to a signature
shall determine, from personal knowledge or satisfactory evidence
of the identity of the individual, that the individual appearing
before the officer and signing the record has the identity claimed.

(d) A notarial officer who certifies or attests a copy of a
record or an item that was copied shall determine that the copy is
a full, true and accurate transcription or reproduction of the
record or item.

(e) A notarial officer who makes or notes a protest of a
negotiable instrument shall determine the matters set forth in
subsection (b), section five hundred five, article three, chapter
forty-six of this code.

§39-4-6. Personal appearance required.

If a notarial act relates to a statement made in or a
signature executed on a record, the individual making the statement
or executing the signature shall appear personally before the
notarial officer. An individual making the statement or executing
the signature does not appear personally if the appearance is by
video or audio technology, even if the video is synchronous.

§39-4-7. Identification of individual.

(a) A notarial officer has personal knowledge of the identity
of an individual appearing before the officer if the individual is
personally known to the officer through dealings sufficient to
provide reasonable certainty that the individual has the identity
claimed.

(b) A notarial officer has satisfactory evidence of the
identity of an individual appearing before the officer if the
officer can identify the individual:

(1) By means of:

(A) A passport, driver’s license or government issued
nondriver identification card, which is current or expired not more
than three years before performance of the notarial act; or

(B) Another form of government identification issued to an
individual, which is current or expired not more than three years
before performance of the notarial act, contains the signature or
a photograph of the individual and is satisfactory to the officer;
or

(2) By a verification on oath or affirmation of a credible
witness personally appearing before the officer and known to the
officer or whom the officer can identify on the basis of a
passport, driver’s license or government issued nondriver
identification card, which is current or expired not more than
three years before performance of the notarial act.

(c) A notarial officer may require an individual to provide
additional information or identification credentials necessary to
assure the officer of the identity of the individual.

§39-4-8. Authority to refuse to perform notarial act.

(a) A notarial officer may refuse to perform a notarial act if
the officer is not satisfied that:

(1) The individual executing the record is competent or has
the capacity to execute the record; or

(2) The individual’s signature is knowingly and voluntarily
made.

(b) A notarial officer may refuse to perform a notarial act
unless refusal is prohibited by law other than this article.

§39-4-9. Signature if individual is unable to sign.

If an individual is physically unable to sign a record, the
individual may direct an individual other than the notarial officer
to sign the individual’s name on the record. The notarial officer
shall insert “Signature affixed by (name of other individual) at
the direction of (name of individual)” or words of similar import.

§39-4-10. Notarial act in this state.

(a) A notarial act may be performed in this state by:

(1) A notary public of this state;

(2) A judge, clerk or deputy clerk of a court of this state;
or

(3) Any other individual authorized to perform the specific
act by the law of this state.

(b) The signature and title of an individual performing a
notarial act in this state are prima facie evidence that the
signature is genuine and that the individual holds the designated
title.

(c) The signature and title of a notarial officer described in
subdivision (1) or (2), subsection (a) of this section,
conclusively establish the authority of the officer to perform the
notarial act.

§39-4-11. Notarial act in another state.

(a) A notarial act performed in another state has the same
effect under the law of this state as if performed by a notarial
officer of this state, if the act performed in that state is
performed by:

(1) A notary public of that state;

(2) A judge, clerk or deputy clerk of a court of that state;
or

(3) Any other individual authorized by the law of that state
to perform the notarial act.

(b) The signature and title of an individual performing a
notarial act in another state are prima facie evidence that the
signature is genuine and that the individual holds the designated
title.

(c) The signature and title of a notarial officer described in
subdivision (1) or (2), subsection (a) of this section,
conclusively establish the authority of the officer to perform the
notarial act.

§39-4-12. Notarial act under authority of federally recognized
Indian tribe.

(a) A notarial act performed under the authority and in the
jurisdiction of a federally recognized Indian tribe has the same
effect as if performed by a notarial officer of this state, if the
act performed in the jurisdiction of the tribe is performed by:

(1) A notary public of the tribe;

(2) A judge, clerk or deputy clerk of a court of the tribe; or

(3) Any other individual authorized by the law of the tribe to
perform the notarial act.

(b) The signature and title of an individual performing a
notarial act under the authority of and in the jurisdiction of a
federally recognized Indian tribe are prima facie evidence that the
signature is genuine and that the individual holds the designated
title.

(c) The signature and title of a notarial officer described in
subdivision (1) or (2), subsection (a) of this section,
conclusively establish the authority of the officer to perform the
notarial act.

§39-4-13. Notarial act under federal authority.

(a) A notarial act performed under federal law has the same
effect under the law of this state as if performed by a notarial
officer of this state, if the act performed under federal law is
performed by:

(1) A judge, clerk or deputy clerk of a court;

(2) An individual in military service or performing duties
under the authority of military service who is authorized to
perform notarial acts under federal law;

(3) An individual designated a notarizing officer by the
United States Department of State for performing notarial acts
overseas; or

(4) Any other individual authorized by federal law to perform
the notarial act.

(b) The signature and title of an individual acting under
federal authority and performing a notarial act are prima facie
evidence that the signature is genuine and that the individual
holds the designated title.

(c) The signature and title of an officer described in
subdivision (1), (2) or (3), subsection (a) of this section,
conclusively establish the authority of the officer to perform the
notarial act.

§39-4-14. Foreign notarial act.

(a) In this section, “foreign state” means a government other
than the United States, a state or a federally recognized Indian
tribe.

(b) If a notarial act is performed under authority and in the
jurisdiction of a foreign state or constituent unit of the foreign
state or is performed under the authority of a multinational or
international governmental organization, the act has the same
effect under the law of this state as if performed by a notarial
officer of this state.

(c) If the title of office and indication of authority to
perform notarial acts in a foreign state appears in a digest of
foreign law or in a list customarily used as a source for that
information, the authority of an officer with that title to perform
notarial acts is conclusively established.

(d) The signature and official stamp of an individual holding
an office described in subsection (c) of this section are prima
facie evidence that the signature is genuine and the individual
holds the designated title.

(e) An apostille in the form prescribed by the Hague
Convention of October 5, 1961, and issued by a foreign state party
to the Convention conclusively establishes that the signature of
the notarial officer is genuine and that the officer holds the
indicated office.

(f) A consular authentication issued by an individual
designated by the United States Department of State as a notarizing
officer for performing notarial acts overseas and attached to the
record with respect to which the notarial act is performed
conclusively establishes that the signature of the notarial officer
is genuine and that the officer holds the indicated office.

§39-4-15. Certificate of notarial act.

(a) A notarial act must be evidenced by a certificate. The
certificate must:

(1) Be executed contemporaneously with the performance of the
notarial act;

(2) Be signed and dated by the notarial officer and, if the
notarial officer is a notary public, be signed in the same manner
as on file with the Secretary of State;

(3) Identify the jurisdiction in which the notarial act is
performed;

(4) Contain the title of office of the notarial officer; and

(5) If the notarial officer is a notary public, indicate the
date of expiration, if any, of the officer’s commission.

(b) If a notarial act regarding a tangible record is performed
by a notary public, an official stamp must be affixed to the
certificate. If a notarial act is performed regarding a tangible
record by a notarial officer other than a notary public and the
certificate contains the information specified in subdivisions (2),
(3) and (4), subsection (a) of this section, an official stamp may
be affixed to the certificate. If a notarial act regarding an
electronic record is performed by a notarial officer and the
certificate contains the information specified in said
subdivisions, an official stamp may be attached to or logically
associated with the certificate.

(c) A certificate of a notarial act is sufficient if it meets
the requirements of subsections (a) and (b) and:

(1) Is in a short form set forth in section sixteen of this
article;

(2) Is in a form otherwise permitted by the law of this state;

(3) Is in a form permitted by the law applicable in the
jurisdiction in which the notarial act was performed; or

(4) Sets forth the actions of the notarial officer and the
actions are sufficient to meet the requirements of the notarial act
as provided in sections five, six and seven of this article or law
of this state other than this article.

(d) By executing a certificate of a notarial act, a notarial
officer certifies that the officer has complied with the
requirements and made the determinations specified in sections
four, five and six of this article.

(e) A notarial officer may not affix the officer’s signature
to, or logically associate it with, a certificate until the
notarial act has been performed.

(f) If a notarial act is performed regarding a tangible
record, a certificate must be part of, or securely attached to, the
record. If a notarial act is performed regarding an electronic
record, the certificate must be affixed to or logically associated
with, the electronic record. If the Secretary of State has
established standards pursuant to section twenty-five of this
article, for attaching, affixing, or logically associating the
certificate, the process must conform to the standards.

§39-4-16. Short form certificates.

The following short form certificates of notarial acts are
sufficient for the purposes indicated, if completed with the
information required by subsections (a) and (b), section fifteen of
this article:

(1) For an acknowledgment in an individual capacity:

State of ....................

County of ....................

This record was acknowledged before me on .............. [Date] by
........................................ [Name(s) of individual(s)]

..............................

Signature of notarial officer

Stamp

...............................

Title of office

My commission expires: ..........................

(2) For an acknowledgment in a representative capacity:

State of ....................

County of ....................

This record was acknowledged before me on .............. [Date] by
....................................................... [Name(s) of
individual(s)]as ............................ [Type of authority,
such as officer or trustee] of .......................... [Name of
party on behalf of whom record was executed].

..............................

Signature of notarial officer

Stamp

...............................

Title of office

My commission expires: ..........................

(3) For a verification on oath or affirmation:

State of ....................

County of ....................

Signed and sworn to (or affirmed) before me on ............ (Date)
by .................................................... [Name(s) of
individual(s) making statement]

..............................

Signature of notarial officer

Stamp

...............................

Title of office

My commission expires: ..........................

(4) For witnessing or attesting a signature:

State of ....................

County of ....................

Signed or attested before me on ...................... [Date] by
...................................... [Name(s) of individual(s)
making statement]

..............................

Signature of notarial officer

Stamp

...............................

Title of office

My commission expires: ..........................

(5) For certifying a copy of a record:

State of ....................

County of ....................

I certify that this is a true and correct copy of a record in the
possession of ......................................

Dated ...........................

..............................

Signature of notarial officer

Stamp

...............................

Title of office

My commission expires: ..........................

§39-4-17. Official stamp.

The official stamp of a notary public must:

(1) Include the notary public’s name, address, jurisdiction,
commission expiration date and other information required by the
Secretary of State; and

(2) Be capable of being copied together with the record to
which it is affixed or attached or with which it is logically
associated.

§39-4-18. Stamping device.

(a) A notary public is responsible for the security of the
notary public’s stamping device and may not allow another
individual to use the device to perform a notarial act. On
resignation from, or the revocation or expiration of, the notary
public’s commission, or on the expiration of the date set forth in
the stamping device, the notary public shall disable the stamping
device by destroying, defacing, damaging, erasing or securing it
against use in a manner that renders it unusable. On the death or
adjudication of incompetency of a notary public, the notary
public’s personal representative or guardian or any other person
knowingly in possession of the stamping device shall render it
unusable by destroying, defacing, damaging, erasing or securing it
against use in a manner that renders it unusable.

(b) If a notary public’s stamping device is lost or stolen,
the notary public or the notary public’s personal representative or
guardian shall notify promptly the Secretary of State on
discovering that the device is lost or stolen.

(a) A notary public may select one or more tamper-evident
technologies to perform notarial acts with respect to electronic
records. A person may not require a notary public to perform a
notarial act with respect to an electronic record with a technology
that the notary public has not selected.

(b) Before a notary public performs the notary public’s
initial notarial act with respect to an electronic record, a notary
public shall notify the Secretary of State that the notary public
will be performing notarial acts with respect to electronic records
and identify the technology the notary public intends to use. If
the Secretary of State has established standards for approval of
technology pursuant to section twenty-five of this article, the
technology must conform to the standards. If the technology
conforms to the standards, the Secretary of State shall approve the
use of the technology.

§39-4-20. Commission as notary public; qualifications; no immunity
or benefit; disposition of fees.

(a) An individual qualified under subsection (b) of this
section may apply to the Secretary of State for a commission as a
notary public. The applicant shall comply with and provide the
information required by rules promulgated by the Secretary of State
and pay any application fee.

(b) An applicant for a commission as a notary public must:

(1) Be at least eighteen years of age;

(2) Be a citizen or permanent legal resident of the United
States;

(3) Be a resident of or have a place of employment or practice
in this state;

(4) Be able to read and write English;

(5) Have a high school diploma or its equivalent; and

(6) Not be disqualified to receive a commission under section
twenty-three of this article.

(c) Before issuance of a commission as a notary public, an
applicant for the commission shall execute an oath of office and
submit it to the Secretary of State.

(d) Before issuance of a commission as a notary public, the
applicant for a commission shall submit to the Secretary of State
an assurance in the form of: (1) A surety bond or its functional
equivalent in the amount of $1,000; or (2) certification that the
applicant is covered under a: (A) Professional liability insurance
policy; (B) an errors and omission insurance policy; (C) a
commercial general liability insurance policy; or (D) their
equivalent, in the amount of $1,000. The assurance must be issued
by a surety or other entity licensed or authorized to do business
in this state. The assurance must cover acts performed during the
term of the notary public’s commission and must be in the form
prescribed by the Secretary of State. If a notary public violates
law with respect to notaries public in this state, the surety or
issuing entity is liable under the assurance. The notary public
shall give thirty days’ notice to the Secretary of State before
canceling any assurance or loss of insurance coverage. The surety
or issuing entity shall notify the Secretary of State not later
than thirty days after making a payment to a claimant under the
assurance. A notary public may perform notarial acts in this state
only during the period that a valid assurance is on file with the
Secretary of State.

(e) On compliance with this section, the Secretary of State
shall issue a commission as a notary public to an applicant for a
term of five years.

(f) A commission to act as a notary public authorizes the
notary public to perform notarial acts. The commission does not
provide the notary public any immunity or benefit conferred by law
of this state on public officials or employees.

(a) The Secretary of State may deny, refuse to renew, revoke,
suspend or impose a condition on a commission as notary public for
any act or omission that demonstrates the individual lacks the
honesty, integrity, competence, or reliability to act as a notary
public, including:

(1) Failure to comply with this article;

(2) A fraudulent, dishonest or deceitful misstatement or
omission in the application for a commission as a notary public
submitted to the Secretary of State;

(3) A conviction of the applicant or notary public of any
felony or a crime involving fraud, dishonesty or deceit;

(4) A finding against, or admission of liability by, the
applicant or notary public in any legal proceeding or disciplinary
action based on the applicant’s or notary public’s fraud,
dishonesty or deceit;

(5) Failure by the notary public to discharge any duty
required of a notary public, whether by this article, rules
promulgated by the Secretary of State, or any federal or state law;

(6) Use of false or misleading advertising or representation
by the notary public representing that the notary has a duty, right
or privilege that the notary does not have;

(7) Violation by the notary public of a rule of the Secretary
of State regarding a notary public;

(8) Denial, refusal to renew, revocation, suspension or
conditioning of a notary public commission in another state;

(9) Failure of the notary public to maintain an assurance as
provided in subsection (d), section twenty of this article;(10) Charging more than the maximum fees specified in section
thirty of this article; and

(11) Failure to notify the Secretary of State of an address or
name change pursuant to subsection (b), section twenty-two of this
article.

(b) If the Secretary of State denies, refuses to renew,
revokes, suspends or imposes conditions on a commission as a notary
public, the applicant or notary public is entitled to timely notice
and hearing in accordance with article five, chapter twenty-nine-a
of this code.

(c) The authority of the Secretary of State to deny, refuse to
renew, suspend, revoke or impose conditions on a commission as a
notary public does not prevent a person from seeking and obtaining
other criminal or civil remedies provided by law.

§39-4-22. Database of notaries public.

(a) The Secretary of State shall maintain an electronic
database of notaries public:

(1) Through which a person may verify the authority of a
notary public to perform notarial acts; and

(2) Which indicates whether a notary public has notified the
Secretary of State that the notary public will be performing
notarial acts on electronic records.

(b) Not later than thirty days after a notary public either:

(1) Changes the address of his or her business or residence;
or

(2) Changes his or her name, the notary public shall notify
the Secretary of State of the address or name change.

§39-4-23. Prohibited acts.

(a) A commission as a notary public does not authorize an
individual to:

(2) Act as an immigration consultant or an expert on
immigration matters;

(3) Represent a person in a judicial or administrative
proceeding relating to immigration to the United States, United
States citizenship or related matters; or

(4) Receive compensation for performing any of the activities
listed in this subsection.

(b) A notary public may not engage in false or deceptive
advertising.

(c) A notary public, other than an attorney licensed to
practice law in this state, may not use the term “notario” or
“notario publico”.

(d) A notary public, other than an attorney licensed to
practice law in this state, may not advertise or represent that the
notary public may assist persons in drafting legal records, give
legal advice, or otherwise practice law. If a notary public who is
not an attorney licensed to practice law in this state in any
manner advertises or represents that the notary public offers
notarial services, whether orally or in a record, including
broadcast media, print media and the internet, the notary public
shall include the following statement, or an alternate statement
authorized or required by the Secretary of State, in the
advertisement or representation, prominently and in each language
used in the advertisement or representation: “I am not an attorney
licensed to practice law in this state. I am not allowed to draft
legal records, give advice on legal matters, including immigration,
or charge a fee for those activities”. If the form of
advertisement or representation is not broadcast media, print media
or the internet and does not permit inclusion of the statement
required by this subsection because of size, it must be displayed
prominently or provided at the place of performance of the notarial
act before the notarial act is performed.

(e) Except as otherwise allowed by law, a notary public may
not withhold access to or possession of an original record provided
by a person that seeks performance of a notarial act by the notary
public.

§39-4-24. Validity of notarial acts.

Except as otherwise provided in subsection (b), section four
of this article, the failure of a notarial officer to perform a
duty or meet a requirement specified in this article does not
invalidate a notarial act performed by the notarial officer. The
validity of a notarial act under this article does not prevent an
aggrieved person from seeking to invalidate the record or
transaction that is the subject of the notarial act or from seeking
other remedies based on law of this state other than this article
or law of the United States. This section does not validate a
purported notarial act performed by an individual who does not have
the authority to perform notarial acts.

§39-4-25. Rules.

(a) The Secretary of State may promulgate rules, in accordance
with the provisions of chapter twenty-nine-a of this code, to
implement this article. Rules promulgated regarding the performance
of notarial acts with respect to electronic records may not
require, or accord greater legal status or effect to, the
implementation or application of a specific technology or technical
specification. The rules may:

(2) Include provisions to ensure that any change to or
tampering with a record bearing a certificate of a notarial act is
self-evident;

(3) Include provisions to ensure integrity in the creation,
transmittal, storage or authentication of electronic records or
signatures;

(4) Prescribe the process of granting, renewing, conditioning,
denying, suspending or revoking a notary public commission and
assuring the trustworthiness of an individual holding a commission
as notary public;

(5) Include provisions to prevent fraud or mistake in the
performance of notarial acts;

(6) Establish the process for approving and accepting surety
bonds and other forms of assurance under subsection (d), section
twenty of this article; and

(7) Establish fees, with legislative approval in accordance
with the provisions of article three, chapter twenty-nine-a of this
code. Fees collected by the Secretary of State pursuant to section
two, article one, chapter fifty-nine of this code shall be
deposited by the Secretary of State as follows: One-half shall be
deposited in the state general revenue fund and one-half shall be
deposited in the service fees and collections account established
by section two, article one, chapter fifty-nine of this code for
the operation of the office of the Secretary of State. The
Secretary of State shall dedicate sufficient resources from that
fund or other funds to provide the services required by the
provisions of article four, chapter thirty-nine of this code.

(b) In promulgating, amending or repealing rules about
notarial acts with respect to electronic records, the Secretary of
State shall consider, so far as is consistent with this article:

(1) The most recent standards regarding electronic records
promulgated by national bodies, such as the National Association of
Secretaries of State;

(2) Standards, practices and customs of other jurisdictions
that substantially enact this article; and

(3) The views of governmental officials and entities and other
interested persons.

§39-4-26. Notary public commission and commissioner appointment in
effect.

(a) A commission as a notary public in effect on June 30,
2014, continues until its date of expiration. A notary public who
applies for a commission as a notary public on or after July 1,
2014, is subject to and shall comply with this article. A notary
public, in performing notarial acts on or after July 1, 2014, shall
comply with this article.

(b) An appointment as commissioner under the repealed
provisions of article four, chapter twenty-nine of this code, in
effect on June 30, 2014, continues until its date of expiration. A
commissioner, in performing notarial acts on or after July 1, 2014,
shall comply with this article: Provided, That a person holding a
commission pursuant to the provisions of article four, chapter
twenty-nine of this code, on June 30, 2014, is not required to
obtain or use a stamp required by section seventeen of this
article, prior to the expiration of that commission.

§39-4-27. Savings clause.

This article does not affect the validity or effect of a
notarial act performed before July 1, 2014.

§39-4-28. Uniformity of application and construction.

In applying and construing this uniform act, consideration
must be given to the need to promote uniformity of the law with
respect to its subject matter among states that enact it.

§39-4-29. Relation to Electronic Signatures in Global and National
Commerce Act.

This article modifies, limits, and supersedes the Electronic
Signatures in Global and National Commerce Act, 15 U. S. C. Section
7001 et seq., but does not modify, limit, or supersede Section
101(c) of that act, 15 U. S. C. Section 7001(c), or authorize
electronic delivery of any of the notices described in Section
103(b) of that act, 15 U. S. C. Section 7003(b).

§39-4-30. Maximum fees.

(a) The maximum fee in this state for notarization of each
signature and the proper recordation thereof in the journal of
notarial acts is $5.00 for each signature notarized.

(b) The maximum fee in this state for certification of a
facsimile of a document, retaining a facsimile in the notary's
file, and the proper recordation thereof in the journal of notarial
acts is $5.00 for each eight and one-half by eleven inch page
retained in the notary's file.

(c) The maximum fee in this state is $5.00 for any other
notarial act performed.

§39-4-31. Government notaries public.

(a) State and local government employees may be commissioned
as government notaries public to act for and in behalf of their
respective state and local government offices.

(b) A state or local government employee commissioned under
this section shall meet the requirements for qualification and
appointment prescribed in this article except that the head of the
state or local government office where the applicant is employed,
or his or her designee, shall execute a certificate that the
application is made for the purposes of the office and in the
public interest and submit it to the Secretary of State together
with the application for appointment as a notary public.

(c) The costs of application and all notary supplies for a
commissioned state or local government employee shall be paid from
funds available to the office in which he or she is employed.

(d) All fees received for notarial services by a government
notary public appointed for and in behalf of a state or local
government office shall be remitted by him or her to the state or
local government office in which he or she is employed.

(e) A government notary public must comply with all provisions
of this article in the performance of notarial acts.

(f) A government notary public may acknowledge any document
required to be acknowledged by a notary public: Provided, That a
government notary public may not operate privately.

§39-4-32. Liability of notary and of an employer of notary.

(a) A notary public is liable to the persons involved for all
damages proximately caused by the notary's official misconduct.

(b) The employer of a notary public is also liable to the
persons involved for all damages proximately caused by the notary's
official misconduct, if:

(1) The notary public was acting within the scope of his or
her employment at the time he or she engaged in the official
misconduct; and

(2) The employer consented to the notary public's official
misconduct.

(c) It is not essential to a recovery of damages that a
notary’s official misconduct be the only proximate cause of the
damages.

(d) For the purposes of this section, the term "official
misconduct" means any act or conduct that:

(1) May result in the denial, refusal to renew, revocation,
suspension or condition commission of a notary public pursuant to
section twenty-one of this article; or

(2) Is prohibited by section twenty-three of this article.

§39-4-33. Criminal penalties.

(a) A notary public who knowingly and willfully commits any
official misconduct is guilty of a misdemeanor and, upon
conviction, shall be fined not more than $5,000 or confined in jail
not more than one year, or both fined and confined.

(b) A notary public who recklessly or negligently commits any
official misconduct is guilty of a misdemeanor and, upon
conviction, shall be fined not more than $1,000.

(c) Any person who acts as, or otherwise willfully
impersonates, a notary public while not lawfully appointed and
commissioned to perform notarial acts is guilty of a misdemeanor
and, upon conviction, shall be fined not more than $5,000 or
confined in jail not more than one year, or both fined and
confined.

(d) Any person who unlawfully possesses a notary's official
seal or any papers or copies relating to notarial acts, is guilty
of a misdemeanor and, upon conviction, shall be fined not more than
$1,000.

(e) For the purposes of this section, the term "official
misconduct" means any act or conduct that:

(1) May result in the denial, refusal to renew, revocation,
suspension or condition commission of a notary public pursuant to
section twenty-one of this article; or

(2) Is prohibited by section twenty-three of this article.

§39-4-34. Action for injunction; unauthorized practice of law.

Upon his or her own information or upon complaint of any
person, the Attorney General, or his or her designee, may maintain
an action for injunctive relief in circuit court against any notary
public who renders, offers to render or holds himself or herself
out as rendering any service constituting the unauthorized practice
of the law. Any organized bar association in this state may
intervene in the action, at any stage of the proceeding, for good
cause shown. The action may also be maintained by an organized bar
association in this state or by the Secretary of State.

§39-4-35. Administrative complaints and investigations.

(a) In addition to the powers and duties contained in this
article, the Secretary of State may:

(1) Investigate, upon complaint or on his or her own
initiative, any alleged violations or irregularities of this
article.

(2) Administer oaths and affirmations, issue subpoenas for the
attendance of witnesses, issue subpoenas duces tecum to compel the
production of books, papers, records and all other evidence
necessary to any investigation.

(3) Involve the aid of any circuit court in the execution of
its subpoena power.

(4) Report any alleged violations of this article to the
appropriate prosecuting attorney having jurisdiction, which
prosecuting attorney shall present to the grand jury the alleged
violations, together with all evidence relating thereto, no later
than the next term of court after receiving the report.

(b) The Attorney General shall, when requested, provide legal
and investigative assistance to the Secretary of State.

§39-4-36. Secretary of State record retention.

(a) The provisions of subsection (c), section three, article
two, chapter five of this code notwithstanding, the Secretary of
State may destroy original records of appointment under this
article after expiration of the term of a notary public: Provided,
That the Secretary of State maintains an electronic copy of the
appointment for a minimum of ten years after the expiration of the
term of the notary public.

(b) The Secretary of State may destroy any original journals
of notarial acts in his or her possession: Provided, That an
electronic copy is maintained in accordance with the retention
rules of the Department of Administration.

CHAPTER 57. EVIDENCE AND WITNESSES.

ARTICLE 4. DEPOSITIONS AND PERPETUATION OF TESTIMONY.

§57-4-2. Taking and certification of depositions -- Out-of state
and in foreign countries.

On affidavit that a witness resides out of this state, or is
out of it in the service thereof, or of the United States, or is
out of this state and for justifiable reasons will probably be out
of this state until after the trial of the case in which his or her
testimony is needed, his or her deposition may be taken by or
before any commissioner appointed by the Governor of this state, or
any justice, notary public or other officer authorized to take
depositions in the state wherein the witness may be, or, if the
deposition is to be taken in a foreign country, by or before such
commissioner or commissioners as may be agreed upon by the parties
or appointed by the court, or, if there be none such, by or before
any American minister, plenipotentiary, charge d'affaires, consul
general, consul, vice consul, consular agent, vice deputy consular
agent, commercial agent or vice commercial agent, appointed by the
government of the United States, or by or before the mayor or other
chief magistrate of any city, town or corporation in suchthe
country or any notary public therein. Any person or persons taking
suchthe deposition may administer an oath to the witness and take
and certify the deposition with his or her official seal annexed,
and if he or she have none, the genuineness of his or her signature
shall be authenticated by some officer of the same state or
country, under his or her official seal.

ARTICLE 5. MISCELLANEOUS PROVISIONS.

§57-5-9. Administration of oaths or taking of affidavits;
authentication of affidavit made in another state
or country; oaths and affidavits of persons in
military service.

Any judge of this state may administer any oath that is or may
be lawful for any person to take, including oaths of office, and
also may swear any person to an affidavit, and administer an oath
to any person in any proceeding.

Any oath or affidavit required by law, which is not of such a
nature that it must be made otherwise or elsewhere may, unless
otherwise provided, be administered by, or made before, a county
commissioner, notary public, or a commissioner appointed by the
Governor, or by the clerk of any court, or, in case of a survey
directed by a court in a case therein pending, by or before the
surveyor directed to execute said order of survey.

An affidavit may also be made before any officer of another
state or country authorized by its laws to administer an oath, and
shall be deemed duly authenticated if it be subscribed by suchthe
officer, with his or her official seal annexed, and if he or she
have none, the genuineness of his or her signature, and his or her
authority to administer an oath, shall be authenticated by some
officer of the same state or country under his or her official
seal.

Any oath or affidavit required of a person in the military
service of the United States (including the Women's Army Corps,
Women's Appointed Volunteers for Emergency Service, Army Nurse
Corps, Spars, Women's Reserve or similar women's auxiliary unit
officially connected with suchthe military service of the United
States), may be administered by or made before any commissioned
officer of any branch of the military service of the United States,
or any auxiliary unit officially connected with suchthe military
service. Such oath may be taken or affidavit made at any place
either within or outside the United States of America, or any
territory, possession or dependency thereof. The jurat to suchthe
oath and certificate to suchthe affidavit need not state the place
where the same is taken and shall require no seal to be affixed
thereto. The certificate of the officer before whom suchthe oath
is taken or affidavit is made must state his or her rank, branch of
military service, and identification number, and suchthe
certificate may be substantially in form and effect as follows:

IN THE MILITARY SERVICE OF THE UNITED STATES:

I, ..............., being duly sworn on oath (affirmation), do
swear (affirm) that I am a member of the military service of the
United States (or of ..............., an auxiliary to the military
forces of the United States); that ***, etc.

...............................

Taken, subscribed and sworn to before me, ..............., a
commissioned officer in the ............... service of the United
States, by ..............., a member of the military service of the
United States (or of ..............., an auxiliary to the military
forces of the United States), this the .......... day of
.........., 1920......

..................................

(Signature of officer)

...............................

(Rank) (Identification Number)

Any oath or affidavit heretofore taken or made by any person
in the military service in substantial compliance with this section
shall be valid.

(a) Except as may be otherwise provided in this code, the
Secretary of State shall charge for services rendered in his or her
office the following fees to be paid by the person to whom the
service is rendered at the time it is done:

(1) For filing, recording, indexing, preserving a record of
and issuing a certificate relating to the formation, amendment,
change of name, registration of trade name, merger, consolidation,
conversion, renewal, dissolution, termination, cancellation,
withdrawal revocation and reinstatement of business entities
organized within the state, as follows:

(I) Amendment or correction, including change of name, of
articles of organization of business trust, limited liability
partnership, limited liability company or professional limited
liability company or of certificate of limited partnership or
agreement of voluntary association. . . . . . . . . . . . . 25.00

(2) For filing, recording, indexing, preserving a record of
and issuing a certificate relating to the registration, amendment,
change of name, merger, consolidation, conversion, renewal,
withdrawal or termination within this state of business entities
organized in other states or countries, as follows:

Notwithstanding any other provision of this section to the
contrary, after June 30, 2008, the fees described in this
subdivision that are collected for the issuance of a certificate
relating to the initial registration of a corporation, limited
partnership, domestic limited liability company or foreign limited
liability company shall be deposited in the general administrative
fees account established by this section.

(3) For receiving, filing and recording a change of the
principal or designated office, change of the agent of process
and/or change of officers, directors, partners, members or
managers, as the case may be, of a corporation, limited
partnership, limited liability partnership, limited liability
company or other business entity as provided by law. . . . $15.00

(4) For receiving, filing and preserving a reservation of a
name for each one hundred twenty days or for any other period in
excess of seven days prescribed by law for a corporation, limited
partnership, limited liability partnership or limited liability
company. . . . . . . . . . . . . . . . . . . . . . . . . .$15.00

(5) For issuing a certificate relating to a corporation or
other business entity, as follows:

(E) For shipping and handling expenses for execution of
service of process by certified mail upon any defendant within the
United States, which fee is to be deposited to the special revenue
account established in this section for the operation of the office
of the Secretary of State.. . . . . . . . . . . . . . . . . .5.00

(F) For shipping and handling expenses for execution of
service of process upon any defendant outside the United States by
registered mail, which fee is to be deposited to the special
revenue account established in this section for the operation of
the office of the Secretary of State.. . . . . . . . . . . .15.00

(7) For a search of records of the office conducted by
employees of or at the expense of the Secretary of State upon
request, as follows:

(A) For any search of archival records maintained at sites
other than the office of the Secretary of State no less than

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$10.00

(B) For searches of archival records maintained at sites other
than the office of the Secretary of State which require more than
one hour, for each hour or fraction of an hour consumed in making
sucha search. . . . . . . . . . . . . . . . . . . . . . . .10.00

(C) For any search of records maintained on site for the
purpose of obtaining copies of documents or printouts of data

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00

(D) For any search of records maintained in electronic format
which requires special programming to be performed by the state
information services agency or other vendor any actual cost, but
not less than. . . . . . . . . . . . . . . . . . . . . . . .25.00

(E) The cost of the search is in addition to the cost of any
copies or printouts prepared or any certificate issued pursuant to
or based on the search.

(D) For producing and providing photocopies of lists, reports,
guidelines and other documents produced in multiple copies for
general public use, a publication price to be established by the
Secretary of State at a rate approximating 2.00 plus .10 per page
and rounded to the nearest dollar.

(E) For electronic copies of records obtained in data format
on disk, the cost of the record in the least expensive available
printed format, plus, for each required disk, which shall be
provided by the Secretary of State. . . . . . . . . . . . . .5.00

(b) The Secretary of State may propose legislative rules for
promulgation for charges for on-line electronic access to database
information or other information maintained by the Secretary of
State.

(c) For any other work or service not enumerated in this
subsection, the fee prescribed elsewhere in this code or a rule
promulgated under the authority of this code.

(d) The records maintained by the Secretary of State are
prepared and indexed at the expense of the state and those records
shall not be obtained for commercial resale without the written
agreement of the state to a contract including reimbursement to the
state for each instance of resale.

(e) The Secretary of State may provide printed or electronic
information free of charge as he or she considers necessary and
efficient for the purpose of informing the general public or the
news media.

(f) There is hereby continued in the State Treasury a special
revenue account to be known as the "service fees and collections"
account. Expenditures from the account shall be used for the
operation of the office of the Secretary of State and are not
authorized from collections, but are to be made only in accordance
with appropriation by the Legislature and in accordance with the
provisions of article three, chapter twelve of this code and upon
the fulfillment of the provisions set forth in article two, chapter
five-a of this code. Notwithstanding any other provision of this
code to the contrary, except as provided in subsection (h) of this
section and section two-a of this article, one half of all the fees
and service charges established in the following sections and for
the following purposes shall be deposited by the Secretary of State
or other collecting agency to that special revenue account and used
for the operation of the office of the Secretary of State:

(1) The annual attorney-in-fact fee for corporations and
limited partnerships established in section five, article twelve-c,
chapter eleven of this code;

(2) The fees received for the sale of the State Register, code
of state rules and other copies established by rule and authorized
by section seven, article two, chapter twenty-nine-a of this code;

(3) The registration fees, late fees and legal settlements
charged for registration and enforcement of the charitable
organizations and professional solicitations established in
sections five, nine and fifteen-b, article nineteen, chapter
twenty-nine of this code;

(4) The annual attorney-in-fact fee for limited liability
companies as designated in section one hundred eight, article one,
chapter thirty-one-b of this code and established in section two
hundred eleven, article two of said chapter: Provided, That after
June 30, 2008, the annual report fees designated in section one
hundred eight, article one, chapter thirty-one-b of this code shall
upon collection be deposited in the general administrative fees
account described in subsection (h) of this section;

(5) The filing fees and search and copying fees for uniform
commercial code transactions established by section five hundred
twenty-five, article nine, chapter forty-six of this code;

(6) The annual attorney-in-fact fee for licensed insurers
established in section twelve, article four, chapter thirty-three
of this code;

(7) The fees for the application and record maintenance of all
notaries public established by section one hundred seven, article
one, chapter twenty-nine-csection twenty, article four, chapter
thirty-nine of this code.

(8) The fees for the application and record maintenance of
commissioners for West Virginia as established by section twelve,
article four, chapter twenty-nine of this code;

(9)(8) The fees for registering credit service organizations
as established by section five, article six-c, chapter forty-six-a
of this code;

(10)(9) The fees for registering and renewing a West Virginia
limited liability partnership as established by section one,
article ten, chapter forty-seven-b of this code;

(11) (10) The filing fees for the registration and renewal of
trademarks and service marks established in section seventeen,
article two, chapter forty-seven of this code;

(12) (11) All fees for services, the sale of photocopies and
data maintained at the expense of the Secretary of State as
provided in this section; and

(13) (12) All registration, license and other fees collected
by the Secretary of State not specified in this section.

(g) Any balance in the service fees and collections account
established by this section which exceeds five hundred thousand
dollars as of June 30, 2003, and each year thereafter, shall be
expired to the state fund, General Revenue Fund.

(h)(1) Effective July 1, 2008, there is hereby created in the
State Treasury a special revenue account to be known as the general
administrative fees account. Expenditures from the account shall be
used for the operation of the office of the Secretary of State and
are not authorized from collections, but are to be made only in
accordance with appropriation by the Legislature and in accordance
with the provisions of article three, chapter twelve of this code
and upon the fulfillment of the provisions set forth in article
two, chapter eleven-b of this code: Provided, That for the fiscal
year ending June 30, 2009, expenditures are authorized from
collections rather than pursuant to an appropriation by the
Legislature. Any balance in the account at the end of each fiscal
year shall not revert to the General Revenue Fund but shall remain
in the fund and be expended as provided by this subsection.

(2) After June 30, 2008, all the fees and service charges
established in section two-a of this article for the following
purposes shall be collected and deposited by the Secretary of State
or other collecting agency in the general administrative fees
account and used for the operation of the office of the Secretary
of State:

(B) The fees for the issuance of a certificate relating to the
initial registration of a corporation, limited partnership,
domestic limited liability company or foreign limited liability
company described in subdivision (2), subsection (a) of this
section; and

(C) The fees for the purchase of date and updates related to
the State's Business Organizations Database described in section
two-a of this article.

(i) There is continued in the office of the Secretary of State
a noninterest-bearing, escrow account to be known as the "prepaid
fees and services account". This account shall be for the purpose
of allowing customers of the Secretary of State to prepay for
services, with payment to be held in escrow until services are
rendered. Payments deposited in the account shall remain in the
account until services are rendered by the Secretary of State and
at that time the fees will be reallocated to the appropriate
general or special revenue accounts. There shall be no fee charged
by the Secretary of State to the customer for the use of this
account and the customer may request the return of any moneys
maintained in the account at any time without penalty. The assets
of the prepaid fees and services account do not constitute public
funds of the state and are available solely for carrying out the
purposes of this section.

The bill (Eng. Com. Sub. for H. B. No. 4012), as amended, was
then ordered to third reading.

Eng. House Bill No. 4186, Relating to the procedures for
issuing a concealed weapon license.

On second reading, coming up in regular order, was read a
second time and ordered to third reading.

On second reading, coming up in regular order, was read a
second time.

The following amendment to the bill, from the Committee on
Health and Human Resources, was reported by the Clerk and adopted:

By striking out everything after the enacting clause and
inserting in lieu thereof the following:

That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §15-9B-1 and §15-9B-2,
all to read as follows:

ARTICLE 9B. SEXUAL ASSAULT EXAMINATION NETWORK.

§15-9B-1. Sexual Assault Forensic Examination Commission.

(a) There is created within The Governor’s Committee on Crime,
Delinquency and Correction the Sexual Assault Forensic Examination
Commission. The purpose of the commission is to establish, manage
and monitor a statewide system to facilitate the timely and
efficient collection of forensic evidence in sexual assault cases.

(b) The commission shall be chaired by the director of the
Division of Justice and Community Service. Membership on the
commission shall consist of the following:

(1) A representative chosen from the membership of the West
Virginia Prosecuting Attorney’s Association;

(2) A representative chosen from the membership of the West
Virginia Association of Counties;

(3) The Commissioner of the Bureau of Public Health, or his or
her designee;

(4) A representative from the State Police Crime Laboratory;

(5) A representative from the membership of the West Virginia
Child Advocacy Network;

(6) The President of the West Virginia Hospital Association,
or his or her designee;

(7) A representative from the membership of the West Virginia
Foundation for Rape and Information Services;

(8) A representative of the West Virginia University Forensic
and Investigative Sciences Program; and

(9) A representative of the Marshall University Forensic
Science Center.

If any of the representative organizations cease to exist, the
director may select a person from a similar organization.

The director may appoint the following additional members of
the commission, as needed:

(1) An emergency room physician;

(2) A victim advocate from a rape crisis center;

(3) A sexual assault nurse examiner;

(4) A law-enforcement officer with experience in sexual
assault investigations;

(5) A health care provider with pediatric and child abuse
expertise; and

(d) As used in this article, the word “commission” means the
Sexual Assault Forensic Examination Commission.

§15-9B-2. Powers and duties of the commission.

(a) The commission shall facilitate the recruitment and
retention of qualified health care providers that are properly
qualified to conduct forensic examinations. The commission shall
work with county and regional officials to identify areas of
greatest need and develop and implement recruitment and retention
programs to help facilitate the effective collection of evidence.

(b) The commission shall authorize minimum training
requirements for providers conducting exams and establish a basic
standard of care for victims of sexual assault. The commission may
adopt necessary and reasonable requirements relating to
establishment of a statewide training and forensic examination
system, including, but not limited to, developing a data collection
system to monitor adherence to established standards, assisting
exam providers receive training and support services, advocating
the fair and reasonable reimbursement to exam providers and to
facilitate transportation services for victims to get to and from
designated exam locations.

(c) The commission shall approve local plans for each area of
the state on a county or regional basis. If the commission deems
necessary, it may add or remove a county or portion thereof from a
region to assure that all areas of the state are included in an
appropriate local plan. Upon the failure of any county or local
region to propose a plan, the commission may implement a plan for
that county or region.

(d) Once a plan is approved by the commission, it can only be
amended or otherwise altered as provided the rules authorized
pursuant to subsection (e) of this section. Designated facilities
and organizations providing services shall give the commission
thirty days advance notice of their intent to withdraw from the
plan. If there is a change of circumstances, that would require a
change in a county or regional plan, the members of the local board
and the state commission shall be notified.

(e) The commission may propose rules for legislative approval,
in accordance with article three, chapter twenty-nine-a of this
code, necessary to implement this article. These rules shall
include, at a minimum:

On second reading, coming up in regular order, was read a
second time and ordered to third reading.

Eng. Com. Sub. for House Bill No. 4290, Revising the
regulatory structure of money transmitters and other entities.

On second reading, coming up in regular order, was read a
second time and ordered to third reading.

Eng. House Bill No. 4302, Relating to elections for public
school purposes.

On second reading, coming up in regular order, was read a
second time.

The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:

By striking out everything after the enacting clause and
inserting in lieu thereof the following:

That §11-8-17 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §13-1-13 of said code be amended and
reenacted; and that §18-9-2 of said code be amended and reenacted,
all to read as follows:

(a) The local levying body shall publish a notice, calling the
election, as a Class II-0 legal advertisement in compliance with
the provisions of article three, chapter fifty-nine of this code,
and the publication area for such publication shall be the
territory in which the election is held. Such notice shall be so
published within fourteen consecutive days next preceding the
election.

(b) All the provisions of the law concerning general elections
shall apply so far as they are practicable, except as follows: (1) Where a special election is held, the local levying body,
having due regard to the minimum expense involved, shall determine
the number of election officials necessary to properly conduct said
election, which number shall in no case be less than three
commissioners and two clerks, and shall appoint the same and fix
and pay their compensation, but otherwise the election officials
shall be such as are appointed to serve with respect to the general
election held at the same time.

(2) The local levying body however, shall provide the election
supplies necessary for such election and shall canvass the returns
thereof: Provided, That the county commission is the board of
canvassers to canvass the returns of levy elections called by the
board of education.

(c) A separate ballot shall be used at a levy election held in
connection with any other election. The ballot shall be entitled:
“Special election to authorize additional levies for the year(s)
____________ and for the purpose of _____________ according to the
order of the __________________ entered on the ______ day of
________________.”

The authorities calling bond elections shall canvass the
returns at the same time with reference to the election and in the
same manner as is required of county courtscommissions for general
elections: Provided, That the county commission is the board of
canvassers to canvass the returns of bond elections called by the
board of education.

CHAPTER 18. EDUCATION.

ARTICLE 9. SCHOOL FINANCES.

§18-9-2. Elections under this chapter; procedure.

Any and all elections authorized by this chapter for school
purposes may, unless otherwise provided, be held separately or in
connection with any general or special election. Notice of anysuchan election shall be given by the publication of the order of
the board calling the same as a Class II-0 legal advertisement in
compliance with the provisions of article three, chapter fifty-nine
of this code, and the publication area for such publication shall
beis the territory in which the election is to be held. The order
shall be so published within fourteen consecutive days next
preceding the day of election. All provisions of the law
concerning general and special elections shall apply in suchthese
elections insofar as is practicable. except that inIn cases of
special elections the board calling the election shall appoint
necessary election officers. and shall canvass the returns, and theThe secretary of the board shall procure and furnish to the
election commissioners at each place of voting the ballots, poll
books, tally sheets and other things neededelection supplies
necessary for the election. In calling elections, district and
county boards of education shall follow the forms to be prescribed
by the Attorney General. For all elections authorized by this
chapter for school purposes, the county commission is the board of
canvassers to canvass the returns.

The bill (Eng. H. B. No. 4302), as amended, was then ordered
to third reading.

On second reading, coming up in regular order, was read a
second time.

The following amendment to the bill, from the Committee on
Health and Human Resources, was reported by the Clerk:

By striking out everything after the enacting section and
inserting in lieu thereof the following:

ARTICLE 1A. DEPARTMENT OF HEALTH.

§27-1A-12. Independent Informal Dispute Resolution.

(a) A behavioral health provider licensed by the Department of
Health and Human Resources adversely affected by an order or
citation of a deficient practice issued pursuant to this article or
pursuant to federal law may request to use the independent informal
dispute resolution process established by this section. A licensee
may contest a cited deficiency as contrary to rule, regulation or
law or unwarranted by the facts, or any combination thereof.

(b) The independent informal dispute resolution process is not
a formal evidentiary proceeding and utilization of the independent
informal dispute resolution process does not waive the right of the
licensee to request a formal hearing with the secretary.

(1) The secretary shall transmit to the licensee a statement
of deficiencies attributed to the licensee and request that the
licensee submit a plan of correction addressing the cited
deficiencies no later than ten working days following the last day
of the survey or inspection, or no later than ten working days
following the last day of a complaint investigation. Notification
of the availability of the independent informal dispute resolution
process and an explanation of the independent informal dispute
resolution process shall be included in the transmittal.

(2) When the licensee returns its plan of correction to the
secretary, the licensee may request, in writing, to participate in
the independent informal dispute resolution process to protest or
refute all or part of the cited deficiencies within ten working
days. The secretary may not release the final report until all
dispute processes are resolved.

(3) The Secretary of the West Virginia Department of Health
and Human Resources (hereinafter “secretary”) shall approve and
establish a panel of at least three independent review providers:
Provided, That in lieu of establishing a panel, the secretary may
use an existing panel of approved independent review providers.
The secretary shall contract with the independent review providers
to conduct the independent informal dispute resolution processes.
Each independent review provider shall be accredited by the
Utilization Review Accreditation Commission. When a licensee
requests an independent informal dispute resolution process, the
secretary shall choose one independent review provider from the
approved panel to conduct the process.

(4) The secretary shall refer the request to an independent
review provider from the panel of certified independent review
providers approved by the department within five working days of
receipt of the written request for the independent informal dispute
resolution process made by a licensee. The secretary shall vary
the selection of the independent review providers on a rotating
basis. The secretary shall acknowledge in writing to the licensee
that the request for independent review has been received and
forwarded to the independent review provider. The notice shall
include the name and professional address of the independent review
provider.

(5) The independent review provider shall hold an independent
informal dispute resolution conference, unless additional time is
requested by either the licensee, the Department of Health and
Human Resources or the independent review provider and approved by
the secretary, within ten working days of receipt of the written
request for the independent informal dispute resolution process
made by a licensee. The licensee or the Department of Health and
Human Resources may submit additional information before the
independent informal dispute resolution conference.

(6) Neither the secretary nor the licensee may be accompanied
by counsel during the independent informal dispute resolution
conference. The manner in which the independent informal dispute
resolution conference is held is at the discretion of the licensee,
but is limited to:

(A) A review of written information submitted by the licensee;

(B) A telephonic conference; or

(C) A face-to-face conference held at a mutually agreed upon
location.

(7) If the independent review provider determines the need for
additional information, clarification or discussion at the
conclusion of the independent informal dispute resolution
conference, the secretary and the licensee shall present the
requested information.

(8) The independent review provider shall make a determination
within ten working days of receipt of any additional information as
provided in subdivision (7) of this section or conclusion of the
independent informal dispute resolution conference, based upon the
facts and findings presented, and shall transmit a written decision
containing the rationale for its determination to the secretary.

(9) If the secretary disagrees with the determination, the
secretary may reject the determination made by the independent
review provider and shall issue an order setting forth the
rationale for the reversal of the independent review provider’s
decision to the licensee within ten working days of receiving the
independent review provider’s determination.

(10) If the secretary accepts the determination, the secretary
shall issue an order affirming the independent review provider’s
determination within ten working days of receiving the independent
review provider’s determination.

(11) If the independent review provider determines that the
original statement of deficiencies should be changed as a result of
the independent informal dispute resolution process and the
secretary accepts the determination, the secretary shall transmit
a revised statement of deficiencies to the licensee within ten
working days of the independent review provider’s determination.

(12) The licensee shall submit a revised plan to correct any
remaining deficiencies to the secretary within ten working days of
receipt of the secretary’s order and the revised statement of
deficiencies.

(d) The licensee is responsible for certain costs of the
independent informal dispute resolution review, which shall be
remitted to the secretary within sixty days of the informal
conference order:

(1) If the licensee requests a face-to-face conference, the
licensee shall pay any costs incurred by the independent review
provider that exceed the cost of a telephonic conference,
regardless of which party ultimately prevails;

(2) If the independent review provider’s decision supports the
entirety of the originally written contested deficiency or adverse
action taken by the secretary, the licensee shall reimburse the
secretary for the cost charged by the independent review provider;
or

(3) If the independent review provider’s decision supports
some of the originally written contested deficiencies, but not all
of them, the licensee shall reimburse the secretary for the cost
charged by the independent review provider on a pro-rata basis as
determined by the secretary.

(e) Establishment of the independent informal dispute
resolution process does not preclude licensees from utilizing other
informal dispute resolution processes provided by statute or rule
in lieu of the independent informal dispute resolution process.

(f) Administrative and judicial review of a decision rendered
through the independent informal dispute resolution process may be
made in accordance with article five, chapter twenty-nine-a of this
code.

(g) Any decision issued by the secretary as a result of the
independent informal dispute resolution process shall be made
effective from the date of issuance.

The following amendment to the Health and Human Resources
committee amendment to the bill (Eng. Com. Sub. for H. B. No.
4363), from the Committee on the Judiciary, was reported by the
Clerk and adopted:

On page six, section twelve, after subsection (g), by adding
a new subsection, designated subsection (h), to read as follows:

(h) The pendency of administrative or judicial review does not
prevent the secretary or a licensee from obtaining injunctive
relief as provided by statute or rule.

The question being on the adoption of the Health and Human
Resources committee amendment to the bill, as amended, the same was
put and prevailed.

The bill (Eng. Com. Sub. for H. B. No. 4363), as amended, was
then ordered to third reading.

Eng. Com. Sub. for House Bill No. 4392, Regulating persons who
perform work on heating, ventilating and cooling systems and fire
dampers.

On second reading, coming up in regular order, was read a
second time.

The following amendment to the bill, from the Committee on
Government Organization, was reported by the Clerk and adopted:

By striking out everything after the enacting clause and
inserting in lieu thereof the following:

That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §21-16-1, §21-16-2,
§21-16-3, §21-16-4, §21-16-5, §21-16-6, §21-16-7, §21-16-8, §21-16-9 and §21-16-10; that §29-3-12b of said code be amended and
reenacted; and that §29-3D-1, §29-3D-2, §29-3D-3, §29-3D-4, §29-3D-5, §29-3D-6, §29-3D-7 and §29-3D-8 of said code be amended and
reenacted, all to read as follows:

CHAPTER 21. LABOR

ARTICLE 16. REGULATION OF HEATING, VENTILATING AND COOLING WORK.

§21-16-1. Declaration of purpose.

The provisions of this article are intended to protect the
health, safety and welfare of the public as well as public and
private property by assuring the competence of those who perform
work on a heating, ventilating and cooling system through licensure
by the Commissioner of Labor.

§21-16-2. Definitions.

As used in this article and the legislative rules promulgated
pursuant to this article:

(a) “Perform work on a heating, ventilating and cooling
system” means to install, maintain, alter, remodel or repair one or
more components of a heating, ventilating and cooling system.

(b) “Heating, ventilating and cooling system” means equipment
to heat, cool or ventilate residential or commercial structures,
comprised of one or more of the following components:

(1) “Heating system” means a system in which heat is
transmitted by radiation, conduction or convection, or a
combination of any of these methods, to the air, surrounding
surfaces, or both, and includes a forced air system that uses air
being moved by mechanical means to transmit heat, but does not
include a fireplace or woodburning stove not incorporated into or
used as a primary heating system;

(2) “Ventilating system” means the natural or mechanical
process of supplying air to, or removing air from, any space
whether the air is conditioned or not conditioned, at a rate of
airflow of more than two hundred fifty cubic feet per minute; and

(3) “Cooling system” means a system in which heat is removed
from air, surrounding surfaces, or both, and includes an air-conditioning system.

(d) “HVAC Technician in Training” means a person with interest
in and an aptitude for performing installation, maintenance and
repair work to a heating, ventilating and cooling system as defined
in this article, but who alone is not capable or authorized to
perform heating, ventilating and cooling system work unless
directly supervised by a HVAC technician.

(e) "License" means a valid and current license issued by the
Commissioner of Labor in accordance with the provisions of this
article.

(g) “Single family dwelling” means a building which is
occupied as, or designed or intended for occupancy as, a single
residence for one or more persons.

§21-16-3. License required; exemptions.

(a) On and after January 1, 2016, a person performing or
offering to perform work on a heating, ventilating and cooling
system in this state shall have a license issued by the
Commissioner of Labor, in accordance with the provisions of this
article and the legislative rules promulgated pursuant hereto.

(b) A person licensed under this article shall carry a copy of
the license on any job in which heating, ventilating and cooling
work is being performed.

(c) This article does not apply to:

(1) A person who personally performs work on a heating,
ventilating and cooling system in a single family dwelling owned by
that person or by a member of that person’s immediate family;

(2) A person who performs work on a heating, ventilating and
cooling system at a manufacturing plant or other industrial
establishment as an employee of the person, firm or corporation
operating the plant or establishment;

(3) A person who performs only electrical or plumbing work on
a heating, ventilating and cooling system, so long as the work is
within the scope of practice which the person is otherwise licensed
or authorized to perform; or

(4) A person who performs routine maintenance as a direct
employee of the person, firm or corporation that owns or operates
the facility where the heating, ventilating or cooling system
equipment is located.

§21-16-4. Scope of practice.

(a) A HVAC technician in training is authorized to assist in
providing heating, ventilating and cooling work only under the
direction and control of a HVAC technician.

(b) A HVAC technician is authorized to provide heating,
ventilating and cooling work without supervision.

(c) Persons licensed under this article are subject to the
applicable provisions of the Contractor Licensing Act in article
eleven of this chapter in the performance of work authorized by
this article.

§21-16-5. Rule-making authority.

The Commissioner of Labor shall propose rules for legislative
approval, in accordance with the provisions of article three,
chapter twenty-nine-a of this code, for the implementation and
enforcement of the provisions of this article, which shall provide:

(1) Standards and procedures for issuing and renewing
licenses, applications, examinations and qualifications;

(2) Provisions for the granting of licenses, without
examination, to applicants who present satisfactory evidence no
later than July 1, 2016, of having at least two thousand hours of
experience and/or training working on heating, ventilating and
cooling systems and at least six thousand hours of experience
and/or training in heating, ventilating and cooling or relating
work, to include other sheet metal industry tasks:Provided, That
if a license issued under the authority of this subsection
subsequently lapses, the applicant is subject to all licensure
requirements, including the examination;

(3) Reciprocity provisions;

(4) Procedures for investigating complaints and revoking or
suspending licenses, including appeal procedures;

(5) Fees for issuance and renewal of licenses and other costs
necessary to administer the provisions of this article;

(6) Enforcement procedures; and

(7) Any other rules necessary to effectuate the purposes of
this article.

§21-16-6. Enforcement; interagency agreements authorized.

(a) The Commissioner of Labor and his or her Deputy
Commissioner or any compliance officer of the Division of Labor as
authorized by the Commissioner of Labor may enforce the provisions
of this article and may, at reasonable hours, enter any building or
premises where heating, ventilating and cooling work is performed
and issue cease and desist orders for noncompliance.

(b) The Commissioner of Labor may enter into an interagency
agreement with the State Fire Marshal for the mutual purpose of
enforcing the provisions of this article and the provisions of
article three-e, chapter twenty-nine of this code.

§21-16-7. Denial, suspension and revocation of license.

(a) The Commissioner of Labor may deny a license to any
applicant who fails to comply with the provisions of this article
or the rules established by the Commissioner of Labor or who lacks
the necessary qualifications.

(b) The Commissioner of Labor may, upon complaint or upon his
or her own inquiry, and after notice to the licensee, suspend or
revoke a licensee’s license if:

(1) The license was granted upon an application or documents
supporting the application which materially misstated the terms of
the applicant’s qualifications or experience;

(2) The licensee subscribed or vouched for a material
misstatement in his or her application for licensure;

(3) The licensee incompetently or unsafely performs heating,
ventilating and cooling work; or

(4) The licensee violated any statute of this state, any
legislative rule or any ordinance of any municipality or county of
this state which protects the consumer or public against unfair,
unsafe, unlawful or improper business practices.

§21-16-8. Penalties.

(a) On and after January 1, 2016, a person performing or
offering to perform, or an employer authorizing a person not exempt
by the provisions of section three of this article, to perform,
heating, ventilating and cooling work without a license issued by
the Commissioner of Labor, is subject to a cease and desist order.

(b) A person continuing to perform, or an employer continuing
to authorize a person not exempt by the provisions of section three
of this article, to perform, heating, ventilating and cooling work
after the issuance of a cease and desist order is guilty of a
misdemeanor and, upon conviction thereof, is subject to the
following penalties:

(1) For the first offense, a fine of not less than $200 nor
more than $1,000;

(2) For the second offense, a fine of not less than $500 nor
more than $2,000;

(3) For the third and subsequent offenses, a fine of not less
than $1,000 nor more than $5,000, and confinement in jail for not
more than one year.

(c) Each day after official notice is given, a person
continues to perform, or an employer continues to authorize a
person to perform, and which is not exempt by the provisions of
section three of this article, heating, ventilating and cooling
work, is a separate offense and punishable accordingly.

(d) (1) The Commissioner of Labor may institute proceedings in
the circuit court of Kanawha County or of the county where the
alleged violation of the provisions of this article occurred or are
occurring to enjoin any violation of any provision of this article.

(2) A circuit court may by injunction compel compliance with
this article, with the lawful orders of the Commissioner of Labor
and with any final decision of the Commissioner of Labor.

(3) The Commissioner of Labor shall be represented in all such
proceedings by the Attorney General or his or her assistants.

(e) Any person adversely affected by an action of the
Commissioner of Labor may appeal the action pursuant to chapter
twenty-nine-a of this code.

§21-16-9. Inapplicability of local ordinances.

On and after January 1, 2016, a political subdivision of this
state may not require, as a condition precedent to the performance
of work on heating, ventilating and cooling in the political
subdivision, a person who holds a valid and current license issued
under this article, to have any other license or other evidence of
competence beyond those required by the Commissioner of Labor to
perform work on heating, ventilating and cooling systems.

§21-16-10. Disposition of fees.

All fees paid pursuant to this article, shall be paid to the
Commissioner of Labor and deposited in "West Virginia Contractor
Licensing Board Fund" for the use of the Commissioner of Labor in
a manner consistent with section seventeen, article eleven, chapter
twenty-one of this code.

CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.

ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.

§29-3-12b. Fees.

(a) The State Fire Marshal may establish fees in accordance
with the following:

(1) For blasting. -- Any person storing, selling or using
explosives shall first obtain a permit from the State Fire Marshal.
The permit shall be valid for one year. The State Fire Marshal may
charge a fee for the permit.

(2) For inspections of schools or day-care facilities. -- The
State Fire Marshal may charge a fee of up to $25.00 per annual
inspection for inspection of schools or day-care facilities:
Provided, That only one such fee may be charged per year for any
building in which a school and a day-care facility are colocated:
Provided, however, That any school or day-care facility may not be
charged for an inspection more than one time per twelve-month
period.

(3) For inspections of hospitals or nursing homes. -- The
State Fire Marshal may charge an inspection fee of up to $100.00
per annual inspection of hospitals or nursing homes: Provided,
That any hospital or nursing home may not be charged for an
inspection more than one time per twelve-month period.

(4) For inspections of personal care homes or board and care
facilities. -- The State Fire Marshal may charge an inspection fee
of up to $50.00 per annual inspection for inspections of personal
care homes or board and care facilities: Provided, That any
personal care home or board and care facility may not be charged
for an inspection more than one time per twelve-month period.

(5) For inspections of residential occupancies. -- The State
Fire Marshal may charge an inspection fee of up to $100.00 for each
inspection of a residential occupancy. For purposes of this
subdivision, "residential occupancies" are those buildings in which
sleeping accommodations are provided for normal residential
purposes.

(6) For inspections of mercantile occupancies. -- The State
Fire Marshal may charge an inspection fee of up to $100.00 for
inspections of mercantile occupancies: Provided, That if the
inspection is in response to a complaint made by a member of the
public, the State Fire Marshal shall obtain from the complainant an
advance inspection fee of $25.00. This fee shall be returned to
the complainant if, after the State Fire Marshal has made the
inspection, he or she finds that the complaint was accurate and
justified, and he or she shall thereafter collect an inspection fee
of up to $100.00 from the mercantile occupancy. If, after the
inspection has been performed, it appears to the State Fire Marshal
that the complaint was not accurate or justified, the State Fire
Marshal shall keep the $25.00 advance inspection fee obtained from
the complainant and may not collect any fees from the mercantile
occupant. For purposes of this section, "mercantile occupancy"
includes stores, markets and other rooms, buildings or structures
for the display and sale of merchandise.

(7) For business occupancies. -- The State Fire Marshal may
charge an inspection fee of up to $100.00 for inspections of
business occupancies: Provided, That the provisions in subdivision
(6) of this section shall apply regarding complaints by members of
the public. For purposes of this section, "business occupancies"
are those buildings used for the transaction of business, other
than mercantile occupancies, for the keeping of accounts and
records and similar purposes.

(8) For inspections of assembly occupancies. -- The State Fire
Marshal may charge an inspection fee not more than one time per
twelve-month period for the inspection of assembly occupancies. The
inspection fee shall be assessed as follows: For Class C assembly
facilities, an inspection fee not to exceed $50.00; for Class B
assembly facilities, an inspection fee not to exceed $75.00; and
for Class A facilities, an inspection fee not to exceed $100.00.

For purposes of this subdivision, an "assembly occupancy"
includes, but is not limited to, all buildings or portions of
buildings used for gathering together fifty or more persons for
such purposes as deliberation, worship, entertainment, eating,
drinking, amusement or awaiting transportation. For purposes of
this section, a "Class C assembly facility" is one that
accommodates fifty to three hundred persons; a "Class B facility"
is one which accommodates more than three hundred persons but less
than one thousand persons; and a "Class A facility" is one which
accommodates more than one thousand persons.

(b) The State Fire Marshal may collect fees for the fire
safety review of plans and specifications for new and existing
construction. Fees shall be paid by the party or parties receiving
the review.

(1) Structural barriers and fire safety plans review. -- The
fee is $1.00 for each $1,000.00 of construction cost up to the
first $1 million. Thereafter, the fee is fortyeighty cents for
each $1,000.00 of construction cost.

(2) Sprinkler system review. -- The fee charged for the review
of an individual sprinkler system is as follows: Number of heads:
One to two hundred -- $85.00; two hundred one to three hundred --
$100.00; three hundred one to seven hundred fifty -- $120.00; over
seven hundred fifty -- $120.00 plus ten cents per head over seven
hundred fifty.

(3) Fire alarm systems review. -- The fee charged for the
review of a fire alarm system is $50.00 for each ten thousand
square feet of space with a $50.00 minimum charge.

(4) Range hood extinguishment system review. -- The fee is
$25.00 per individual system reviewed.

(5) Carpet specifications. -- The fee for carpet review and
approval is $20.00 per installation.

(c) All fees authorized and collected pursuant to this
article,and article three-b, article three-c and article three-d
of this chapter shall be paid to the State Fire Commission and
thereafter deposited into the special account in the State Treasury
known as the Fire Marshal Fees Fund. Expenditures from the fund
shall be for the purposes set forth in this article and articles
three-b,and three-c and three-d of this chapter and are not
authorized from collections but are to be made only in accordance
with appropriation by the Legislature and in accordance with the
provisions of article three, chapter twelve of this code and upon
fulfillment of the provisions of article two, chapter five-a of
this code. Any balance remaining in the special account at the end
of any fiscal year shall be reappropriated to the next fiscal year.

(d) If the owner or occupant of any occupancy arranges a time
and place for an inspection with the State Fire Marshal and is not
ready for the occupancy to be inspected at the appointed time and
place, the owner or occupant thereof shall be charged the
inspection fee provided in this section unless at least forty-eight
hours prior to the scheduled inspection the owner or occupant
requests the State Fire Marshal to reschedule the inspection. In
the event a second inspection is required by the State Fire Marshal
as a result of the owner or occupant failing to be ready for the
inspection when the State Fire Marshal arrives, the State Fire
Marshal shall charge the owner or occupant of the occupancy the
inspection fees set forth above for each inspection trip required.

(e) The fees provided for in this section shall remain in
effect until such time as the Legislature has approved rules
promulgated by the State Fire Marshal, in accordance with the
provisions of article three, chapter twenty-nine-a of this code,
establishing a schedule of fees for services.

ARTICLE 3D. SUPERVISION OF FIRE PROTECTION WORK.

§29-3D-1. Declaration of purpose.

The provisions of this article are intended to protect the
health, safety and welfare of the public as well as public and
private property by assuring the competence of those who perform
fire protection work and damper work through licensure by the state
Fire Marshal.

§29-3D-2. Definitions.

As used in this article and the legislative rules promulgated
pursuant to this article:

(b)(e) “Engineered suppression systems technician” means a
person certified by a manufacturer to maintain or repair an agent
suppression system.

(f) “Fire damper” means a device installed in an air
distribution system, designed to close automatically upon detection
of heat, to interrupt migratory airflow and to restrict the passage
of flame. Fire dampers are classified for use in either static
systems or for dynamic systems, where the dampers are rated for
closure under airflow.

(h) “Fire protection damper technician in training” means a
person with interest in and an aptitude for performing
installation, maintenance or repair work to a damper as defined in
this article, but who alone is not capable or authorized to perform
damper work unless directly supervised by a fire protection damper
technician.

(c)(i) "Fire protection layout technician" is an individual
who has achieved National Institute for Certification in
Engineering Technologies (NICET) Level III or higher certification,
and who has the knowledge, experience and skills necessary to
layout fire protection systems based on engineering design
documents.

(d)(j) “Fire protection system” means any fire protection
suppression device or system designed, installed and maintained in
accordance with the applicable National Fire Protection Association
(NFPA) codes and standards, but does not include public or private
mobile fire vehicles.

(e)(k) "Fire protection work" means the installation,
alteration, extension, maintenance, or testing of all piping,
materials and equipment inside a building, including the use of
shop drawings prepared by a fire protection layout technician, in
connection with the discharge of water, other special fluids,
chemicals or gases and backflow preventers for fire protection for
the express purpose of extinguishing or controlling fire.

(f)(l) "Journeyman sprinkler fitter" means a person qualified
by at least ten thousand hours of work experience installing,
adjusting, repairing and dismantling fire protection systems and
who is competent to instruct and supervise the fire protection work
of a sprinkler fitter in training.

(g)(m) "License" means a valid and current license issued by
the state Fire Marshal in accordance with the provisions of this
article.

(q) “Single family dwelling” means a building which is
occupied as, or designed or intended for occupancy as, a single
residence for one or more persons.

(r) “Smoke damper” means a device within an operating
(dynamic) air distribution system to control the movement of smoke.

(k)(s) "Sprinkler fitter in training" means a person with
interest in and an aptitude for performing fire protection work but
who alone is not capable of performing such work, and who has fewer
than ten thousand hours of experience installing, adjusting,
repairing and dismantling fire protection systems.

29-3D-3. License required; exemptions.

(a) On and after January 1, 2009, a person performing or
offering to perform fire protection work in this state shall have
a license issued by the State Fire Marshal, in accordance with the
provisions of this article.

(b) On and after January 1, 2016, a person performing or
offering to perform damper work in this state shall have a license
issued by the State Fire Marshal, in accordance with the provisions
of this article and the legislative rules promulgated pursuant
hereto: Provided, That a person may not be licensed to perform
damper work in this state without first being licensed as a HVAC
technician pursuant to the provisions of article sixteen, chapter
twenty-one of this code.

(b)(c) A person licensed under this article must carry a copy
of the license on any job in which fire protection work is being
performed.

(c)(d) This article does not apply to:

(1) A person who personally performs fire protection work or
damper work on a single family dwelling owned or leased, and
occupied by that person;

(2) A person who performs fire protection work or damper work
at any manufacturing plant or other industrial establishment as an
employee of the person, firm or corporation operating the plant or
establishment;

(3) A person who, while employed by a public utility or its
affiliate, performs fire protection work in connection with the
furnishing of public utility service.

(4) A person who performs fire protection work while engaging
in the business of installing, altering or repairing water
distribution or drainage lines outside the foundation walls of a
building, public or private sewage treatment or water treatment
systems including all associated structures or buildings, sewers or
underground utility services;

(5) A person who performs fire protection work while engaged
in the installation, extension, dismantling, adjustment, repair or
alteration of a heating ventilation and air conditioning (HVAC)
system, air-veyor system, air exhaust system or air handling
system; or

(6) A person who performs fire protection work at a coal mine
that is being actively mined or where coal is being processed.

§29-3D-4. Rule-making authority.

The State Fire Marshal shall propose rules for legislative
approval, in accordance with the provisions of article three,
chapter twenty-nine-a of this code, for the implementation and
enforcement of the provisions of this article, which shall provide:

(1) Standards and procedures for issuing and renewing
licenses, including classifications of licenses as defined in this
article, applications, examinations and qualifications: Provided,
That the rules shall require a person to be licensed as a HVAC
technician or HVAC technician in training pursuant to article
sixteen, chapter twenty-one of this code and the rules promulgated
pursuant thereto, before being granted a license to perform damper
work pursuant to this article;

(2) Provisions for the granting of licenses without
examination, to applicants who present satisfactory evidence of
having the expertise required to perform fire protection work at
the level of the classifications defined in this article and who
apply for licensure on or before July 1, 2009: Provided, That if
a license issued under the authority of this subsection
subsequently lapses, the applicant is subject to all licensure
requirements, including the examination;

(3) Provisions for the granting of licenses without
examination, to applicants who present satisfactory evidence of
having the expertise required to perform damper work at the level
of the classifications defined in this article and who apply for
licensure on or before July 1, 2016: Provided, That if a license
issued under the authority of this subsection subsequently lapses,
the applicant is subject to all licensure requirements, including
the examination;

(3)(4) Reciprocity provisions;

(4)(5) Procedures for investigating complaints and revoking
or suspending licenses, including appeal procedures;

(5)(6) Fees for testing, issuance and renewal of licenses,
and other costs necessary to administer the provisions of this
article;

(6)(7) Enforcement procedures; and

(7)(8) Any other rules necessary to effectuate the purposes
of this article.

§29-3D-5. Enforcement.

(a) The State Fire Marshal and his or her deputy fire marshal,
assistant fire marshal or assistant fire marshal-in-training, is
authorized to enforce the provisions of this article, and may, at
reasonable hours, enter any building or premises where fire
protection work or damper work is performed and issue citations for
noncompliance.

(b) The State Fire Marshal may enter into an interagency
agreement with the Commissioner of Labor for the mutual purpose of
enforcing this article and article sixteen, chapter twenty-one of
this code.

§29-3D-6. Denial, suspension and revocation of license.

(a) The State Fire Marshal may deny a license to any applicant
who fails to comply with the rules established by the state Fire
Marshal, or who lacks the necessary qualifications.

(b) The State Fire Marshal may, upon complaint or upon his or
her own inquiry, and after notice to the licensee, suspend or
revoke a licensee’s license if:

(1) The license was granted upon an application or documents
supporting the application which materially misstated the terms of
the applicant’s qualifications or experience;

(2) The licensee subscribed or vouched for a material
misstatement in his or her application for licensure;

(3) The licensee incompetently or unsafely performs plumbing,or fire protection work or damper work; or

(4) The licensee violated any statute of this state, any
legislative rule or any ordinance of any municipality or county of
this state which protects the consumer or public against unfair,
unsafe, unlawful or improper business practices.

§29-3D-7. Penalties.

(a) On and after January 1, 2009, a person performing or
offering to perform fire protection work without a license issued
by the state Fire Marshal, is subject to a citation.

(b) On and after January 1, 2016, a person performing or
offering to perform, or an employer authorizing a person not exempt
by the provisions of section three of this article, to perform,
damper work without a license issued by the State Fire Marshal, is
subject to a citation.

(b)(c) Any person continuing to engage in fire protection
work or damper work after the issuance of a citation is guilty of
a misdemeanor and, upon conviction thereof, is subject to the
following penalties:

(1) For the first offense, a fine of not less than $200 nor
more than $1,000;

(2) For the second offense, a fine of not less than $500 nor
more than $2,000, or confinement in jail for not more than six
months, or both;

(3) For the third and subsequent offenses, a fine of not less
than $1,000 nor more than $5,000, and confinement in jail for not
less than thirty days nor more than one year.

(c) A separate offense means each day, after official notice
is given, that a person performs fire protection work that is
unlawful or is not in compliance with the provisions of this
article.

(d) Each day after a citation is given that a person continues
to perform, or an employer continues to authorize a person to
perform, fire protection work or damper work, which is not exempt
by the provisions of section three of this article, is a separate
offense and punishable accordingly.

(d)(e) (1) The State Fire Marshal may institute proceedings
in the circuit court of Kanawha County or the county where the
alleged violation of the provisions of this article occurred or are
now occurring to enjoin any violation of any provision of this
article.

(2) A circuit court by injunction may compel compliance with
the provisions of this article, with the lawful orders of the state
Fire Marshal and with any final decision of the state Fire Marshal.

(3) The State Fire Marshal shall be represented in all such
proceedings by the Attorney General or his or her assistants.

(e)(f) Any person adversely affected by an action of the
state Fire Marshal may appeal the action pursuant to the provisions
of chapter twenty-nine-a of this code.

§29-3D-8. Inapplicability of local ordinances.

(a) On and after January 1, 2009, a political subdivision of
this state may not require, as a condition precedent to the
performance of fire protection work in the political subdivision,
a person who holds a valid and current license to perform fire
protection work issued under the provisions of this article, to
have any other license or other evidence of competence as a fire
protection worker.

(b) On and after January 1, 2016, a political subdivision of
this state may not require, as a condition precedent to the
performance of damper work in the political subdivision, a person
who holds a valid and current license to perform damper work issued
under this article to have any other license or other evidence of
competence beyond those required by the State Fire Marshal and the
Commissioner of Labor to perform damper work.

The bill (Eng. Com. Sub. for H. B. No. 4392), as amended, was
then ordered to third reading.

On second reading, coming up in regular order, was read a
second time.

The following amendments to the bill, from the Committee on
Agriculture and Rural Development, were reported by the Clerk,
considered simultaneously, and adopted:

On page five, section five, line seventeen, by striking out
all of paragraph (A) and inserting in lieu thereof a new
subdivision, designated subdivision (2), to read as follows:

(2) Create a comprehensive list of dangerous wild animals,
excluding wildlife, livestock and domestic animals as defined
herein. The list may include, but not be limited to:

(A) Bears;

(B) Big cats;

(C) Canids;

(D) Primates;

(E) Constrictor snakes greater than six feet and venomous
snakes; and

(F) Alligators and caimans;And by renumbering the remaining subdivisions;

On page twelve, section eight, line fourteen, by striking out
the words “has been pre-approved by the board” and inserting in
lieu thereof the words “is a licensed exhibitor under the Animal
Welfare Act, 7 U. S. C. §2132(e), as amended”;

On page thirteen, section nine, line five, after the word
“intentionally” by inserting the words “or recklessly”;

And,

On page thirteen, section nine, line eleven, after the word
“intentionally” by inserting the words “or recklessly”.

The bill (Eng. Com. Sub. for H. B. No. 4393), as amended, was
then ordered to third reading.

Eng. Com. Sub. for House Bill No. 4425, Giving the
Superintendent of State Police authority to hire additional staff.

On second reading, coming up in regular order, was read a
second time and ordered to third reading.

On second reading, coming up in regular order, was read a
second time and ordered to third reading.

Eng. Com. Sub. for House Bill No. 4496, Providing for the
allocation of matching funds from future moneys deposited into the
West Virginia Research Trust Fund.

On second reading, coming up in regular order, was read a
second time.

The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:

On page eight, section three, line twenty-three, by striking
out the word “Twenty-five” and inserting in lieu thereof the word
“Thirty”;

And,

On page eight, section three, line twenty-six, by striking out
the word "Ten" and inserting in lieu thereof the word "Five".

The bill (Eng. Com. Sub. for H. B. No. 4496), as amended, was
then ordered to third reading.

Eng. House Bill No. 4503, Declaring certain claims against the
state and its agencies to be moral obligations of the state.

On second reading, coming up in regular order, was read a
second time and ordered to third reading.

Eng. House Bill No. 4619, Authorizing innovation school
districts.

On second reading, coming up in regular order, was read a
second time.

The following amendments to the bill, from the Committee on
Education, were reported by the Clerk, considered simultaneously,
and adopted:

On pages two through five, lines one through fifty-six, by
striking out all of section three;

On page nine, section thirteen, lines eighty through eighty-eight, by striking out all of subsection (c) and inserting in lieu
thereof a new subsection, designated subsection (c), to read as
follows:

(c) School System Eligibility:

All county boards are eligible to apply for designation as an
innovation school district: Provided, That a district that has
expended funds or incurred obligations in violation of section
twenty-six, article eight, chapter eleven of this code is not
eligible to apply for designation as an innovation school district,
unless otherwise determined by the state board. The applications
shall be taken in four categories: Sparse Density County; Low
Density County; Medium Density County; and High Density County, as
those terms are defined in section two, article nine-a of this
chapter. The state board is authorized to designate no more than
one county from each category as an innovation school district
beginning July 1, 2015: Provided, That the State Board, after July
1, 2016, may designate one additional county from each category as
an innovation school district as long as the number of counties
designated at any one time does not exceed two counties from each
category as innovation school districts, subject to other
considerations included herein. The designation of counties as
innovation school districts shall be on a competitive basis.;

On page ten, section thirteen, line one hundred five, by
striking out the word “two” and inserting in lieu thereof the words
“number allowed by subsection (c) of this section”;

On page ten, section thirteen, line one hundred eight, by
striking out the word “two” and inserting in lieu thereof the words
“number allowed by subsection (c) of this section”;

On page sixteen, section thirteen, line two hundred nineteen,
by striking out the word “hearings” and inserting in lieu thereof
the words “town hall meetings”;

On page sixteen, section thirteen, line two hundred nineteen,
by striking out “(2)” and inserting in lieu thereof “(4)”;

On page twenty, section thirteen, line three hundred thirteen,
by striking out the word “thirty” and inserting in lieu thereof the
word “sixty”;

On page twenty-three, section thirteen, line three hundred
fifty-seven, by striking out “(l)” and inserting in lieu thereof
“(i)”;

On page twenty-three, section thirteen, line three hundred
seventy-six, by striking out “(m)” and inserting in lieu thereof
“(j)”;

On page twenty-four, section thirteen, line three hundred
eighty-two, by striking out “(o)” and inserting in lieu thereof
“(k)”;

And,

By striking out the enacting section and inserting in lieu
thereof a new enacting section, to read as follows:

That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §18-5B-13, to read as
follows:

The bill (Eng. H. B. No. 4619), as amended, was then ordered
to third reading.

The Senate proceeded to the tenth order of business.

The following bills, on first reading, coming up in regular
order, were each read a first time and ordered to second reading:

Eng. Com. Sub. for House Bill No. 2387, Relating to reasonable
accommodations under the West Virginia Fair Housing Act for persons
with disabilities who need assistive animals.

At the request of Senator Laird, and by unanimous consent,
Senator Laird addressed the Senate regarding the pending closure of
Hawks Nest golf course.

Thereafter, at the request of Senator Miller, unanimous
consent being granted, the remarks by Senator Laird were ordered
printed in the Appendix to the Journal.

At the request of Senator M. Hall, and by unanimous consent,
the Senate returned to the second order of business and the
introduction of guests.

At the request of Senator M. Hall, unanimous consent being
granted, Senator M. Hall addressed the Senate regarding the City of
Hurricane’s pending water project and the process for its approval.

Thereafter, at the request of Senator Barnes, and by unanimous
consent, the remarks by Senator M. Hall were ordered printed in the
Appendix to the Journal.

The Senate proceeded to the thirteenth order of business.

Senator Stollings called attention to today being the birthday
of the senator from Ohio and on behalf of the Senate extended
felicitations and good wishes to Senator Fitzsimmons, with Senator
Stollings leading the members in singing "Happy Birthday".

Pending announcement of meeting of standing committees of the
Senate,

On motion of Senator Unger, the Senate recessed until 5 p.m.
today.

Upon expiration of the recess, the Senate reconvened and,
without objection, returned to the third order of business.

Executive Communications

Senator Kessler (Mr. President) laid before the Senate the
following proclamation from His Excellency, the Governor, extending
this current legislative session until and including the twelfth
day of March, two thousand fourteen, which was received and read by
the Clerk:

STATE OF WEST VIRGINIA

EXECUTIVE DEPARTMENT

Charleston

A P R O C L A M A T I O N

By the Governor

WHEREAS, The Constitution of West Virginia delineates the
respective powers, duties and responsibilities of the three
separate branches of government; and

WHEREAS, Article VI, Section 22 of the Constitution of West
Virginia provides that the current regular session of the
Legislature shall not exceed sixty calendar days computed from and
including the second Wednesday of January, two thousand fourteen;
and

WHEREAS, Pursuant to Article VI, Section 22 of the
Constitution of West Virginia, the 2014 regular session of the
Legislature concludes on the eighth day of March, two thousand
fourteen; and

WHEREAS, Article VI, Section 51 of the Constitution of West
Virginia sets forth the legal authority of the Governor and the
Legislature relating to the preparation and enactment of the Budget
Bill; and

WHEREAS, Subsection D, Article VI, Section 51 of the
Constitution of West Virginia requires the Governor to issue a
Proclamation to extend the regular session of the Legislature if
the Budget Bill shall not have been finally acted upon by the
Legislature three days before the expiration of its regular
session; and

WHEREAS, The Budget Bill has not been finally acted upon by
the Legislature as of this fifth day of March, two thousand
fourteen.

NOW, THEREFORE, I, EARL RAY TOMBLIN, Governor of the State of
West Virginia, do hereby issue this Proclamation, in accordance
with Subsection D Article VI, Section 51 of the Constitution of
West Virginia, to extend the two thousand fourteen regular session
of the Legislature for consideration of the Budget Bill for an
additional period not to exceed four days, through the twelfth day
of March, two thousand fourteen; but no matters other than the
Budget Bill shall be considered during this extension of the
session, except providing for the cost thereof.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Great Seal of the State of West Virginia to be affixed.

DONE at the Capitol in the City of
Charleston, State of West
Virginia, on this the fifth day
of March, in the year of our
Lord, Two Thousand Fourteen, and
in the One Hundred Fifty-First
year of the State.

EARL RAY TOMBLIN,

Governor.

By the Governor:

NATALIE E. TENNANT,

Secretary of State.

The Senate again proceeded to the fourth order of business.

Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:

And reports the same back with the recommendation that it do
pass as amended by the Committee on the Judiciary to which the
resolution was first referred.

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

At the request of Senator Prezioso, unanimous consent being
granted, the resolution (Eng. H. J. R. No. 108) contained in the
preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.

Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Eng. Com. Sub. for House Bill No. 3108, Relating to criminal
background checks on applicants for employment by nursing homes.

And has amended same.

And reports the same back with the recommendation that it do
pass, as amended.

Respectfully submitted,

Corey Palumbo,

Chair.

At the request of Senator Palumbo, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 3108) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.

Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:

And reports the same back with the recommendation that it do
pass, as amended.

Respectfully submitted,

Corey Palumbo,

Chair.

At the request of Senator Palumbo, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4005) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.

Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Eng. House Bill No. 4006, Relating to the possession and
distribution of child pornography.

And has amended same.

And reports the same back with the recommendation that it do
pass, as amended.

Respectfully submitted,

Corey Palumbo,

Chair.

At the request of Senator Palumbo, unanimous consent being
granted, the bill (Eng. H. B. No. 4006) contained in the preceding
report from the Committee on the Judiciary was taken up for
immediate consideration, read a first time and ordered to second
reading.

Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:

And reports the same back with the recommendation that it do
pass, as amended.

Respectfully submitted,

Corey Palumbo,

Chair.

At the request of Senator Palumbo, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4039) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.

Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Eng. House Bill No. 4135, Designating the first Thursday in
May the West Virginia Day of Prayer.

And reports the same back with the recommendation that it do
pass.

Respectfully submitted,

Corey Palumbo,

Chair.

At the request of Senator Palumbo, unanimous consent being
granted, the bill (Eng. H. B. No. 4135) contained in the preceding
report from the Committee on the Judiciary was taken up for
immediate consideration, read a first time and ordered to second
reading.

Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Eng. Com. Sub. for House Bill No. 4149, Allowing members of
the Board of Public Works to be represented by designees and to
vote by proxy.

With amendments from the Committee on Government Organization
pending;

Now on second reading, having been read a first time and
referred to the Committee on the Judiciary on March 4, 2014;

And reports the same back with the recommendation that it do
pass.

Respectfully submitted,

Corey Palumbo,

Chair.

Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:

Your Committee on Finance has had under consideration

Eng. Com. Sub. for House Bill No. 4183, Supplementing,
amending, decreasing, and increasing items of the existing
appropriations from the State Road Fund to the Department of
Transportation, Division of Highways.

And reports the same back with the recommendation that it do
pass.

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

At the request of Senator Prezioso, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4183) contained in
the preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.

Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:

Your Committee on Government Organization has had under
consideration

Eng. House Bill No. 4196, Requiring the Workforce Investment
Council to provide information and guidance to local workforce
investment boards that would enable them to better educate both
women and men about higher paying jobs.

And reports the same back with the recommendation that it do
pass.

Respectfully submitted,

Herb Snyder,

Chair.

At the request of Senator Snyder, unanimous consent being
granted, the bill (Eng. H. B. No. 4196) contained in the preceding
report from the Committee on Government Organization was taken up
for immediate consideration, read a first time and ordered to
second reading.

Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Eng. Com. Sub. for House Bill No. 4210, Juvenile sentencing
reform.

And has amended same.

And reports the same back with the recommendation that it do
pass, as amended.

Respectfully submitted,

Corey Palumbo,

Chair.

Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Eng. Com. Sub. for House Bill No. 4225, Providing for
emergency contact information on driver's license records with the
Division of Motor Vehicles.

And,

Eng. House Bill No. 4529, Relating to the sale of wine.

And reports the same back with the recommendation that they
each do pass.

Respectfully submitted,

Corey Palumbo,

Chair.

At the request of Senator Palumbo, unanimous consent being
granted, Engrossed Committee Substitute for House Bill No. 4225
contained in the preceding report from the Committee on the
Judiciary was taken up for immediate consideration, read a first
time and ordered to second reading.

On motion of Senator Palumbo, Engrossed Committee Substitute
for House Bill No. 4225 was referred to the Committee on Finance.

At the request of Senator Palumbo, unanimous consent being
granted, Engrossed House Bill No. 4529 contained in the preceding
report from the Committee on the Judiciary was taken up for
immediate consideration, read a first time and ordered to second
reading.

Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:

At the request of Senator Snyder, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4242) contained in
the preceding report from the Committee on Government Organization
was taken up for immediate consideration, read a first time and
ordered to second reading.

Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:

Your Committee on Government Organization has had under
consideration

Eng. Com. Sub. for House Bill No. 4254, Providing that certain
state employees may be granted a leave of absence with pay during
a declared state of emergency.

And reports the same back with the recommendation that it do
pass.

Respectfully submitted,

Herb Snyder,

Chair.

At the request of Senator Snyder, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4254) contained in
the preceding report from the Committee on Government Organization
was taken up for immediate consideration, read a first time and
ordered to second reading.

Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:

Your Committee on Government Organization has had under
consideration

Eng. Com. Sub. for House Bill No. 4268, Relating to the
administration of veterans' assistance.

And has amended same.

And reports the same back with the recommendation that it do
pass, as amended.

Respectfully submitted,

Herb Snyder,

Chair.

At the request of Senator Snyder, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4268) contained in
the preceding report from the Committee on Government Organization
was taken up for immediate consideration, read a first time and
ordered to second reading.

Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Eng. Com. Sub. for House Bill No. 4278, Rewriting the
procedure by which corporations may obtain authorization from the
West Virginia Board of Medicine to practice medicine and surgery.

With amendments from the Committee on Government Organization
pending;

And has also amended same.

And reports the same back with the recommendation that it do
pass as amended by the Committee on Government Organization to
which the bill was first referred; and as last amended by the
Committee on the Judiciary.

Respectfully submitted,

Corey Palumbo,

Chair.

At the request of Senator Palumbo, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4278) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.

Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:

Your Committee on Finance has had under consideration

Eng. Com. Sub. for House Bill No. 4283, Raising the minimum
wage.

And has amended same.

And reports the same back with the recommendation that it do
pass, as amended.

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

At the request of Senator Prezioso, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4283) contained in
the preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.

Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:

And reports the same back with the recommendation that it do
pass, as amended.

Respectfully submitted,

Herb Snyder,

Chair.

At the request of Senator Snyder, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4312) contained in
the preceding report from the Committee on Government Organization
was taken up for immediate consideration, read a first time and
ordered to second reading.

Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:

And reports the same back with the recommendation that it do
pass, as amended.

Respectfully submitted,

Herb Snyder,

Chair.

At the request of Senator Snyder, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4318) contained in
the preceding report from the Committee on Government Organization
was taken up for immediate consideration, read a first time and
ordered to second reading.

Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:

At the request of Senator Palumbo, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4347) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.

On motion of Senator Palumbo, the bill was rereferred to the
Committee on the Judiciary.

Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:

And reports the same back with the recommendation that it do
pass, as amended.

Respectfully submitted,

Herb Snyder,

Chair.

At the request of Senator Snyder, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4410) contained in
the preceding report from the Committee on Government Organization
was taken up for immediate consideration, read a first time and
ordered to second reading.

Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Eng. House Bill No. 4454, Relating to the sale of alcoholic
beverages on Sundays by private licensees.

With amendments from the Committee on Government Organization
pending;

And reports the same back with the recommendation that it do
pass as amended by the Committee on Government Organization to
which the bill was first referred.

Respectfully submitted,

Corey Palumbo,

Chair.

At the request of Senator Palumbo, unanimous consent being
granted, the bill (Eng. H. B. No. 4454) contained in the preceding
report from the Committee on the Judiciary was taken up for
immediate consideration, read a first time and ordered to second
reading.

Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Eng. Com. Sub. for House Bill No. 4455, Relating to the sale
of wine and alcoholic liquors by licensed wineries, farm wineries,
distilleries and mini-distilleries.

And has amended same.

And reports the same back with the recommendation that it do
pass, as amended.

Respectfully submitted,

Corey Palumbo,

Chair.

At the request of Senator Palumbo, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4455) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.

Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:

Your Committee on Government Organization has had under
consideration

Eng. Com. Sub. for House Bill No. 4538, Relating to the Board
of Dentistry.

And reports the same back with the recommendation that it do
pass.

Respectfully submitted,

Herb Snyder,

Chair.

At the request of Senator Snyder, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4538) contained in
the preceding report from the Committee on Government Organization
was taken up for immediate consideration, read a first time and
ordered to second reading.

Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Eng. House Bill No. 4549, Clarifying the regulation of
nonintoxicating beer brewers and distributors, agreements,
networks, products, brands and extensions of a line of brands.

And has amended same.

And reports the same back with the recommendation that it do
pass, as amended.

Respectfully submitted,

Corey Palumbo,

Chair.

At the request of Senator Palumbo, unanimous consent being
granted, the bill (Eng. H. B. No. 4549) contained in the preceding
report from the Committee on the Judiciary was taken up for
immediate consideration, read a first time and ordered to second
reading.

Senator Palumbo, from the Committee on the Judiciary,
submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Eng. Com. Sub. for House Bill No. 4552, Relating to the court
of claims.

And has amended same.

And reports the same back with the recommendation that it do
pass, as amended.

Respectfully submitted,

Corey Palumbo,

Chair.

At the request of Senator Palumbo, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4552) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.

Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:

Your Committee on Government Organization has had under
consideration

House Concurrent Resolution No. 83, Requesting Congress erect
a national monument to motherhood.

And reports the same back with the recommendation that it be
adopted.

Respectfully submitted,

Herb Snyder,

Chair.

Pending announcement of meetings of standing committees of the
Senate,

On motion of Senator Unger, the Senate adjourned until
tomorrow, Thursday, March 6, 2014, at 11 a.m.